468 RANDALL v. HODGES.—3 BLAND.

tiguous vacancy. So that the vacancy, thus surveyed and in-
cluded, becomes a part, and not an incident of the original tract;
and it is no longer liable to be affected, or acquired by an inci-
dental right of resurvey.

The holders of this land, who claimed by descent from Aaron
Allford, held one parcel of it by a perfect, and the other by an
imperfect legal title. And being thus seised and possessed, they
distinctly and specially conveyed that parcel called Allford's
Fancy, for which they had a perfect legal title, and no more, to
Goodman, who conveyed the same tract precisely to the petitioner
Hughlett. In which conveyances there is nothing, that in any
manner shews it to have been the intention of Allford's heirs to
convey the vacancy which had been included by the resurvey
called Aaron's Addition. Hughlett is the purchaser of a part
only of the land held by the heirs of Aaron Allford; and conse-
quently, he can have no claim to a patent for that which they held
by an imperfect legal title, which they did not convey; and which
was, at the time they conveyed, in no manner to be considered as
an incident to that which they actually sold. But was, in fact,
a part of the whole number of acres they held, a portion only
of which they sold according to the express description of it con-
tained in their deed. The heirs of Aaron Allford alone, or those
claiming under them, can have a right to complete the imperfect
legal title to the ninety acres embraced by the resurvey called
Aaron's Addition by a patent from the State. Cunningham v.
Browning, 1 Bland, 314.

Whereupon it is adjudged and ordered, that the said petition of
William Hughlett be, and the same is hereby dismissed with costs.

477 * RANDALL v. HODGES.

CUSTODY OF WILLS.—VOUCHERS OF ACCOUNTS.

The original copy of a will of real or personal estate when proved and
lodged with the register of wills cannot be taken from his possession,
except under special circumstances, (a)

The documents and vouchers upon which an account has been passed by the
Orphans' Court form no part of its records; and therefore, if they have
been lodged with the register of wills he may be compelled, by a sub-
poena duces tecum, to produce them. (6)

THIS bill was filed on the 25th of August, 1818, by John Ran-
dall and wife against Thomas Hodges and others, the administra-
tors of Charles D. Hodges, deceased, praying, that they might be

(a) See Rev. Code, Art. 49, sec. 32.

(6) Cited in Mitchell v. Mitchell, 3 Md. Ch. 75.