470 RANDALL «. HODGES.—3 BLAND.

it therefore, becomes necessary to consider whether the cause
shewn in answer to the subpoena can be deemed sufficient.

It is evident, as well from the pre-existing judicial institutions
as from the general complexion of the course of proceedings in
the now Orphans' Court, that those tribunals have been consti-
tuted after the manner, and are regulated by the principles of law
derived from the Ecclesiastical Courts of England. And there-
fore, we shall be more likely to procure light and help from the
course of proceeding in those English Courts, than from any other
source.

The question here presented, is whether the written vouchers or
proofs upon which an account has been settled in an Orphans'
Court can be considered as parts of the records or proceedings of
that Court? For if they do, then it is clear, that the register or
keeper of them cannot be called upon to bring them before this or
any other Court: because, as constituting a part of the public
judicial records of the State, they cannot be removed from the
place where they are by law directed to be kept; since copies of
all such records are made legal evidence for every purpose, and
those copies may be obtained by any one on paying the legal fees.
It is however, urged, that even supposing they were required to
be deposited with the register of wills for sate-keeping; yet he
may be required to bring them into this Court, upon the same
principle, that, in England, the register of the Ecclesiastical
Court may be compelled to produce, an original will.

A will is an instrument of a peculiar character. It is in some
respects like a deed of gift, by which the title to property is
passed from one to another without any valuable consideration.
A deed of gift takes effect in the life-time of all concerned, who
may see to * its proper execution; but a will can only com-
479 mence its operation after the death of the donor. A last
will is an instrument whereby the author makes a disposition of
his property, most commonly, in separate parcels, in different
estates, and to a variety of persons, among whom there are, or
may be, mutual or conflicting interests to a considerable extent.
A will always disposes of property, which, upon the death of its
owner, would otherwise, according to its nature, be carried by
operation of law in different directions. The personalty, which is
the primary and natural fund for the payment of debts, would be
placed in the hands of an administrator, who is considered in this
Court as a trustee for the benefit of creditors and next of kin; and
the realty would devolve upon the heirs. The will, in most re-
spects, follows these different kinds of property, as if it were, in
fact, a separate and distinct deed of gift of each. The same so-
lemnities necessary to constitute a valid will disposing of real estate
are not required to one which disposes of nothing more than per-
sonal property, or in so far only as it disposes of personalty. A