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Wood being pursued, as heir to his father, who was one of the tutors to the Doctor's wife, for count and reckoning, there were produced, for instructing the charge, two confirmed testaments, wherein the defender's father was tutor nominated. It was alleged, That the testaments could not instruct the charge, because the inventory was not given up by the tutors, but by the relict; and therefore the bonds themselves ought to be produced for instructing the debts. The Lords notwithstanding found the testaments sufficient to instruct the charge, seeing the tutor not only was nominated in the confirmed testament, but did administrate, and therefore he himself was obliged to make forthcoming the bonds contained in the inventory.
