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RANDALL v., HODGES. 477
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RANDALL v. HODGES.
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. —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 subpaena
duces tecum, to produce them.
THIS bill was filed on the 25th of August, 1818, by John Ran-
dall and wife against Thomas Hodges and others, the administrators
of Charles D. Hodges, deceased, praying, that they might be or-
dered to account for the personal estate of the deceased; and to
pay to the plaintiff Eliza, the share of the surplus to which she
was entitled as one of the next of kin of the deceased. The de-
fendants answered, and by an order of the 17th of June, 1831,
the case was, by consent, referred to Thomas Culbreth as special
auditor, to state such accounts as the nature of the case might
require.
The plaintiffs, by their petition, stated, that, in the investigation
of the case before the auditor, it had become necessary to have all
the vouchers and other papers, filed by the defendants, as adminis-
trators of the intestate, in the Orphans Court of Prince Georges
county; which Touchers and papers appear to have been filed
there for safe keeping only; and do not constitute any part of the
records of that court. Whereupon they prayed for a subpoena duces
tecum to Philemon Chew, the Register of Wills of Prince Georges
county, commanding him to bring with him those papers before the
auditor.
The defendants admitted, that they had no cause to shew against
this application, and a subpaena duces tecum was, on the 12th of
September, 1831, ordered accordingly, returnable forthwith.
The Register of Wills answered on oath, that the judges of the
Orphans Court of Prince Georges county, as well as the register,
from long settled practice have considered all such papers as office
papers, filed in the office for the elucidation of all settlements of
accounts in that court; and had uniformly refused to deliver such
papers, even to an administrator, according to them copies only;
and in no instance recognizing a right on their part to the origi-
nals; and that he, the respondent, was willing to furnish attested
copies of all the papers required, &c.
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