Kate’s Notes:  Emeline Jean (Cunningham) Gilliland and her husband William are the same couple who are featured in the library report of the W. S. Gilliland Cabin and Cemetery in Charleston, West Virginia. 
See: http://www.gillilandtrails.org/albums/GillilandCabin.asp
     Several other wills of this family are to be found in the Gilliland Trails archives.
     There were a couple of additional records attached to this will which I have not provided here, simply because they were merely a continuance of the dispute over the witnesses, a matter that was eventually and positively resolved, though the information itself had no intrinsic genealogical value.
    The documents that served as the source for these transcriptions may be found at the FamilySearch website of the LDS church https://familysearch.org
                                                                                                                       -Kate Maynard 2013

THE WILL AND PROBATE OF EMELINE JEAN (CUNNINGHAM) GILLILAND, KANAWHA COUNTY, WEST VIRGINIA, 1885-1889

    The last Will and Testament of Emeline Gilliland, revoking all others, made this 18 Dec’r 1885.
    Item 1. I give to my daughter Mariah Gilliland the house and lot now occupied by me, and all the furniture and everything in the house or on the lot.
    Item 2. The rest and residue of my real estate I give to my five children Fanny S. Gilliland, Margarett E. Allen, wife [of] Frank Allen, Jno. S. Gilliland, Wm. A. Gilliland and Sam W. Gilliland to be equally divided between them.
    Item 3. The rest and residue of my personal estate I give to my five children, Fanny S. Gilliland, Margarett E. Allen, Mariah Gilliland, Wm. Gilliland and John Gilliland to be equally divided between them.
    Item 4. I give to my husband Wm. S. Gilliland a good decent support for his life out of my said real and personal estate and I make the same a charge thereon, and my children above named [--] out of my estate give him a good support, and the support hereby given him shall not be liable to any debts now due by him, but be held and enjoyed by him independent of all claims and decisions now existing against him, and my said husband shall have a home in the house above given to my daughter Mariah if he desires and the choise[sic] of a room, and if my husband prefers a money consideration in lieu of a support, then it is my will that he have two hundred dollars ($200.00) a year for any year he may elect in lieu of a support for that particular year, and from year if he so desires, and the [same] is hereby made a charge on all my said real and personal estate.
                                                                                                          Emeline Gilliland  {seal}

Signed and acknowledged in our presence by Emeline Gilliland, we being present together and subscribed by us we being together in her presence.
Teste:  James H. Stewart
            W. A. King

In Vacation, Kanawha County Court Clerk’s Office, August 29th, 1889.
    This paper writing, purporting to the last Will and Testament of Emeline Gilliland, deceased, late of said County, was this day presented [to] the Court for Probate, and the same bring duly proven by the oath of James H. Stewart, subscribing witness thereto, and is continued for further proof.
                                                                                                         Teste: J. W. Goshorn, Clerk
                                                                                                         Kanawha County Court

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State of Ohio      }
Fairfield County} S S:
    Before me J. M. Shallenberger, a Notary Public in and for the above named County & State, personally appeared W. A. King,  who being duly sworn according to laws, says that he is the person whose name appears to the [written] will of Emeline Gilliland as a witness to said will and that said signature is genuine.
W. A. King
Sworn to and subscribed by said W. A. King before me this 18th day of Sept. A. D. 1889’

{seal}                                                                                                 J. M. Shallenberger
                                                                                                          Notary Public
                                                                                                          Fairfield Co Ohio

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    At a Regular Session of the County Court of Kanawha County, held for said County, at the Court House thereof, the 12th day of September A. D. 1889,
    A paper writing purporting to be the last Will of Emeline Gilliland, bearing date on the 18th of December 1885, being presented to the Court for probate, by W. A. Gilliland, who purports to be a divisee, and the same being partly proved by the oath of James H. Stewart, Witness thereto, is continued for further proof. And it is appearing that W. A. King, one of the Witnesses to said instrument is a non-resident of this State. It is ordered by the Court that the deposition of said W. A. King be taken in reference to the Attestation of said paper; and that said Will, together with a copy of this order, be delivered to said W. A. Gilliland. And that the Deposition be taken and certified as other depositions are taken and certified in other cases and that the same be returned to the Clerk of this Court. Witness my hand and seal of said Court this 26th September, 1889.

{seal}  J. W. Goshorn Clerk
Kanawha County Court
In the State of West Virginia.

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     The deposition of W. A. King taken before me, C. B. Whiley, a Notary Public at my office, in the city of Lancaster, County and State of Ohio, pursuant to the  order of the County Court of the county of Kanawha, in the State of West Virginia, duly certified by the Clerk thereof under the seal of said Court and hereto annexed, to be read as evidence upon the probate of the last will and testament of Emeline Gilliland, before the said County Court of said County and State.
    W. A. King, being first duly sworn, says:
          My name is William A. King. I am 40 years old. In December 1885, I was living in Charleston, Kanawha County, West Virginia, and while there was called upon to witness the Will of Mrs. Emeline Gilliland, the wife of William S. Gilliland. The paper now handed you, bearing date on the 18th of December, 1885, and signed by the said Emeline Gilliland under seal, and witnessed by James H. Stewart and W. A. King, and hereto attached, is the same Will to which I refer. Mrs. Emma Gilliland signed the will and acknowledged it in the presence of James H. Stewart and myself, and at her request, in her presence and in the presence of each other James H. Stewart and myself signed our names as witnesses.
The signature of W. A. King to the said Will as a witness thereto, is my signature.
     And further this deponent saith not W. A. King

State of Ohio            }
County of Fairfield  }  S S:
    I, C. B. Whiley, a Notary Public in and for the said County and State, do hereby certify that the foregoing deposition of W. A. King, was duly taken, sworn to, and subscribed before me, at the [place] and for the purpose therein mentioned.
    Given under my hand and Notarial seal, this 27 day of Sept. 1889.
                                                                                C. B. Whiley
     {seal}                                                                            Notary Public
                                                                                           Fairfield Co. Ohio.

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Please do not publish this transcription elsewhere without credit to the transcriber, preferably with express permission of same. If used as a citation, please use the following as the source:
Transcriber: Kate Maynard, 2013
www.gillilandtrails.org