APRIL 16, 1773.

#### The Visitors of the Free-school in Saint Mary’s County *against*Norman Bruce.

THIS was an appeal from the Prerogative Court. By the proceedings transmitted it appears that, in *April,*1772, letters of administration were granted to *Norman Bruce,*Upon the personal estate of *Theodosia Key,*of *Saint Mary’s*County, deceased, and that in *May,*1772, *George Watts,*and certain other persons claiming to be devisees under tbe will ■ of the said *Theodosia Key,*by *John Hall,*their procurator, exhibited into the Prerogative Court (the Commissary-General and Judge for probate of wills, &c.) their libel against the said *Norman Bruce,*stating that the said *Theodosia,*the widow of *Philip Key,*after the death of her husband, being without any relation by blood, in the Province or elsewhere to their knowledge, and being desirous of giving and disposing of her personal estate to the children and grandchildren of her deceased husband, did,. *510*n ^ie year 1764, request her son-in-law, *Edmund Key,*Esq. late Attorney-General, to draw her will, which, at her desire, and according to her instructions, he accordingly did, and wrote the same altogether in his own hand, and inclosed the same in a letter directed to the said Theodosia, who received and kept the said will by her to the time of her death, the same being found amongst her papers, safe locked up ; and at many different times she declared she had made her will, and frequently produced the said will, and also related in what manner and to whom she had given her estate, and particularly the legacies, or some of them, to the libellants, Rebecca, Mary, and *Susanna,*grandchildren of the said *Philip*Key, Esq. That by the said last will and testament divers legacies were given, viz. the sum of 100/. to *Francis*Key, and the sum of 100/. to *Thomas*Key, who both died in the life-time of the testatrix ; the sum of 200/. to *Susanna Gardiner*Bruce, wife of *Norman*Bruce, the defendant, together with three negroes, all her plate, and two best suits of clothes; and that independent of said legacies, and three gold rings for mourning rings, the whole personal estate was given either specifically, or by a general residuary bequest to the libellants. That the said *Norman*Bruce, upon application to the prerogative office, obtained letters of administration on the estate of the said Theodosia, without the knowledge of the libellants, and before the said will was discovered. They therefore prayed the Commissary-General would take the premises into consideration, and revoke the said letters of administration, and cause new letters of administration to be granted, with the copy of the said will annexed, and that the said will might be established and confirmed.

The will, as exhibited, was not signed by the testatrix, nor attested by any witnesses. The day and month, as well as the name of the executor, was left blank.

The respondent, *Norman*Bruce,

appeared, upon the return of the citation which issued against him, by *Thomas pfennings,*his procurator, and filed his answer to the libel; *511admitting the facts set forth in the libel, but alleging that if his letters are revoked, other letters, with the will annexed, ought to be granted to him upon the said estate.

The libellants replied generally to the said answer, and, by consent of the parties, a commission issued, and the depositions of witnesses were taken and returned.

In September, 1772, *Abraham Barnes*and others, who, as visitors of the free-school of *Saint Mary's*County, by *William Cooke,*their procurator, filed in the Prerogative Court, their cross libel against the libellants and respondent, stating the object of the libel herein before set forth, and alleging that the said *Theodosia*Key, at the time of her death, left no relations of blood in this Province or elsewhere, and that the said writing, produced and lodged in the said Court, by the libellants aforesaid, as and for the last will and testament of the said *Theodosia Key,*was not the will of the said *Theodosia, nor ever*intended by her as such, nor did the said *Theodosia*have any will, but died Intestate, whereby the right to the personal estate of the said Theodosia, upon her death, became vested in the present libellants, as visitors of the free-school of *Saint Mary’s*County, and that they are entitled to have and receive the same for the use of the said school. They therefore pray that the paper lodged in Court as the will of the said *Theodosia,*may not be received and established as the will of the said *Theodosia,*but the said paper be condemned, the letters of administration, &c. be revoked, and letters be granted to the libellants, &c.

Depositions were filed to prove the facts set forth in the libel.

Decree, 20th *October,*1772.

The Commissary-General and Judge for probate of wills, *(Walter*Dulany,) doth adjudge, and decree, that the paper exhibited in this cause, as and for the last will of the said *Theodosia Key,*take effect as, and be taken, deemed, held and established for, the last will of the said *Theodosia*
      *512
      *Key,*so far forth as the same concerns the personal estate the said deceased. It is further ordered, and decreed, that the letters of administration, heretofore granted unto a certain *Norman Bruce,*before the present will was disco-v'ered, be totally vacated, and rendered null and void, and that letters of administration, with a copy of the said will annexed, be granted to the said *Norman*Bruce, justice so requiring.

The visitors of the free-school appealed to the Court of Delegates. See the act of 1715, c. 39. s. 27, 28. and 1726, c. 9. s. 2.

The Governor, on the 5th of December, 1772, issued a commission to *John*Ridout, *William Hayward, Daniel of St. Thomas Jenifer, John*Hepburn, and *James Dickinson,*or any three of them, to be commissioners and delegates, to view, inspect, examine and correct the decree of the Commissary-General, &c.

The Court of Delegates, composed of the whole of the above named commissioners, met on the 8th of *April,*1773, and were qualified. And on the 16th *oí April,*they ordered, determined, adjudged and decreed, that the decree or sentence aforesaid, made by the Commissary-General, be in all things affirmed, and stand in its full force and effect; and that the paper exhibited in the Commissary’s Court as the last will of Mrs. *Theodosia*Key, take effect as, and to be taken, deemed, held and established for, the last will of the said *Theodosia Key,*so far forth as the same concerns the personal estate of the said deceased, and that the letters of administration, heretofore granted by the Commissary-General to *Norman Bruce,*before the present will was discovered, be totally vacated, and rendered null and void ; and that letters of administration, with a copy of the will annexed, be granted to the said *Norman Bruce.*And further, it is ordered, adjudged and decreed, that the appellants pay unto the'appellees their costs in defending this appeal, and that the clerk tax the spsts all which justice requireth.

*513
      *Note.*— The acts under which the Prerogative Court and the Court'of Delegates exercised jurisdiction, have been repealed by the acts establishing the new testamentary system.