Lib. R.
p. 95
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John Quigley Gentl: who was Dr to the said Deery p Bill
23970l tobo & p Accot 9544l tobo wch yett depend undeter-
mined That thereupon the sd John Quigley prtended the sd
Deery had made a written Will and therein named Ellinor
Deery, Owen Quigley and the said Jno Quigley Expand there-
upon cited yor Petr before the said Judge for probate of Wills
&ca Exhibited his Libell to have the Will prooved, and the
Petr Admrcon sett aside, To wch Libell the Petr answered, and
Denyed Deery to be Compos mentis when the will was made,
and severall Wittnesses were Examined, and Cross Exam-
ined, and after Publication to witt 16o August 1678 the cause
came to be heard before the said Judge, who the same Day
declared the case of the sd Deery to be the Case of a man in
his Agony bereft of his Sences by the Violence of his Disease,
and the said pretended Written Will Null and void, and
Quigley to pay yor Petr Costs, wch afterward were taxed at
2524l tobo
That afterwards the said Quigley appealed and prayed a
comission to Judges Delegates wch was by yor Lspps. Governor
granted to Baker Brooke, Thomas Tailler, Henry Coursey
and Benjamin Rozer Esqrs or any three of them to heare the
said Cause, that Mr Brookes, Mr Coursey and Mr Rozer heare-
ing the Cause the 6th of Novembr 1678, did pronounce pub-
lish and Declare [that the said John Deery did not dye Intes-
tate, but that the words by him spoken (viz) I give all that I
have to my Sister Ellinor Deery, my Brother Owen Quigley,
and my Couzen Jno Quigley, and Doe make them Executors
doe amount to a Nuncupative Will, and thP- the said Deery
was of a sound disposeing mind, at the time of the speakeing
thereof] and did ordr Judge and Decree those words soe
spoken by the said Deery to be the Last Will of the said
Deery, and tht the said Ellinor Deery, Owen Quigley, and Jno
Quigley are the Executers of the said John Deery, And that
yor Peticoner should pay him 7797l of tobo Costs as by the
whole proceedings Remaineing upon Record may appeare.
Whereupon yor Petr applyed himself to yor Lspps: Governor by
Peticon that in regard the said Court of Delegates had not
duely proceeded to Judgemt nor had they pursued their Comis-
sion by onely viewing and reheareing of the cause as it stood
before the said Judge, and for that they had by their Decree
sett aside the said Written Will as the said Judge had done
before, and had decreed a Nuncupative Will which was not
before them on the appeale, nor ever any Nuncupative Will
prooved or tendered to be prooved before the said Judge who
is the onely proper Judge to doe the same and the Comrs
Delegates had nothing to Doe therein, and soe yor Petr ought
not to pay costs. Yor Petr humbly Desired another Com-
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