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478 RANDALL v. HODGES.
1st February, 1832. —BLAND, Chancellor. —This matter stand-
ing ready for hearing, and having been submitted by the plaintiff's
solicitor on notes, and no one appearing on behalf of the Register
of Wills, the proceedings were read and considered.
It may be well to observe, that upon the return of a subpaena
duces tecum the party, so summoned, may in court object to pro-
duce the documents; yet, if the objection is overruled, the court
will compel the production; (a) it therefore, becomes necessary to
consider whether the cause shewn in answer to the subpaena 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 constituted
after the manner, and are regulated by the principles of law derived
from the Ecclesiastical Courts of England. And therefore, 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 safe keeping; yet he may be required to •
bring them into this court, upon the same principle, that, in Eng-
land, 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
(a) Field v. Beaumont, 1 Swan. 209; Ridgely v, Dorsey. —Ordered, that a sub-
patna duces tecum issue when applied for, —Proceedings in Chancery, lib. W. K. No.
1, fol. 97. —Beall v.. Waggoner. —Summons issued to P. W. Morgan & C. Conner to
produce the respective agreements between plaintiff and defendant lodged in their
bands or either of them. — Chancery Proceedings, lib. S. H. lett. B. fol. 6.
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