atkins case Frederick v AYNSCOMBE November the d SC cite Amb SC ante note S p  where a person be sole devisee of the real estate and one of the witness to  the will reside altogether abroad upon a commission grant to examine such  witness the court will at the same time make a order that the original will be  deliver out by the proper officer of the prerogative court to a person to be  name by the party pray the commission in order to be carry out of the kingdom  he first give security to be approve of by the judge of the prerogative court  to return the same SeeWilliams v Floyer Amb lake v Causefleld bro Charles Rep  Philip Aynscombe devise all his teal estate to the defendant in fee by a will  execute at Bullogne the defendant after the testator death prove the willin  common form and the original will be deposit in the prerogative court of  Canterbury John hill one of the witness reside altogether at Bullogne and the  defendant can get he to come from thence and therefore necessary he shall have  a commission to be execute there to examine the say witness to prove the will  have bring a bill here to perpetuate the testimony thereto at the execution of  which commission it will be likewise necessary to have say will and  application have be make for the prerogative office to deliver out the  original will to be prove at Bullogne the register of that court refuse to  deliver it upon any security whatever for the return of it but insist to send  a messenger of their own which will put the defendant to a considerable  expense it be therefore move by Mr Murray that a commission may go to examine  witness at Bullogne in France and that the register of the prerogative court  or the record keeper may forthwith deliver out to the defendant the original  will of Philip upon the defendant give a reasonable security to return the  same all the commission upon the suggestion that hill reside whole there and  be in such circumstance as will not allow he to come to England Lord  chancellor direct that the defendant be at liberty to take out a commission to  examine his witness in Bullogne in order to prove the will and it appear that  the defendant be the only devisee who can claim any real estate under the will  order the original will to be deliver out by the proper officer of the  prerogative court to a fit person to be name by the defendant in order to be  produce at the execution of the say commission such person first give security  to be approve of by the judge of the prerogative court to return the same in  three month from the delivery of the same to he Reg lib a fol his lordship  also direct as there have be precedent of will be deliver out of the  prerogative court upon trial at atkins assize where they be necessary to  atkins er p be read as such trial to save the expense of the register of the  prerogative office attend that these precedent be search and this order to be  draw conformable to they and if there shall be any dispute as to the security  for the safe custody and return of the will that it shall be refer to a master  in chancery to settle and adjust the same if the defendant have not be the  sole devisee of the real estate but there have be other person under the will  interest in it and they have refuse their consent he shall not have make this  order because the take a will out of the kingdom be different from any former  case in this court they have go no further than order they to different part  of England Lord Macclesfield in a motion of this kind make a order upon the  prerogative court to deliver a will to the register office in Symond inn to  lie there till the court of chancery shall have do with it and say at the same  time with some warmth that he think his officer of equal credit and as fit to  be entrust with the custody of the will as they or any other office whatever  N B I be inform by a gentleman of the bar that there be another motion of this  kind in the time of Lord chancellor Talbot in the cause of Morse v roach stram  S c who order the prerogative court to deliver a will to be prove in  Gloucestershire under a commission from the court of chancery and though it be  strong insist upon on the behalf of the prerogative office that one of their  officer shall attend the execution of the commission yet he absolute deny it