Kate’s notes: Some genealogical notes follow this transcription. Researching the Gillilands of Crawford County can be a bit frustrating at times because the family surname is spelled different ways depending upon which records you’re looking at. Many census records, court records and county gazetteers list the name as Gilleland, whereas other census records and township maps show the surname as Gilliland. I’ve also seen records wherein the surname was spelled both ways.
    I believe the person recorded in the second document as both Elizabeth Miser and Elizabeth Moser was, in fact, the latter. The men in the first document recorded as “McClare” should be, I believe, the McClures.
   William and Rachel were the minor children of Hugh and Mary. For more information about them, refer to the guardianship records also transcribed for the library.
   I have not made corrections in spelling from the original document.

Source: Orphans’ Court Records
Crawford County, Pennsylvania
Vol E, pages 457-458

(in the margin)
Petition of Robert Gilleland
Parying the Court
to decree the Specific
performance of a parole[sic]
Contract for the Convey-
ance of real estate
from Hugh Gilleland
deceased to Petitioner

No. 3. February Term 1860
 To the honorable the Judges of the Orphans Court for the County of Crawford

The petition of Robert Gilleland of Said County of Crawford respectfully Showeth that hugh Gilleland late of the County of Crawford aforesaid Died on or about the 16th day of November A. D. 1859 at his late residence in Said County intestate and letters of administration have been issued in due course of law to Seth Gilleland and Theodore Powers Administrators of all and Singular the goods and chattles and estate of Said Hugh Gilleland the Said Hugh Gilleland in his lifetime was seized in fee of and in a certain piece of parcel of land [--] [---] lying and being in the Township of Summet[sic] County of Crawford and State of Pennsylvania bounded in the North by public road in the east by land of your petitioner on the South by the land of Seth Gilleland and on the west by public road being also the Township line containing forty eight acres if land be the same more or less being part of a larger tract conveyed by Samule McClare Robert P McClare and john E. B. McClare to the Said High Gilleland that being So Seized the Said Hugh Gilleland did enter into a parole[sic] contract for the conveyance of the said real estate to your Petitioner Robert Gilleland in fee simple in consideration of Nine hundred to be paid to the Said Hugh Gilleland with interest in the following manner To Wit. The sum of one hundred dollars and interest on the first day of November a. d. 1860 – and the remaining eight hundred dollars in eight equal annual payments with annual interest  thereon, that in execution of the Said contract the Said Hugh Gilleland thereupon delivered possession of the same to your petitioner who therefore entered and took possession[sic] of the same and entered thereon and made sundry improvements and by direction of the Said Hugh Gillelanda Deed was prepared but its execution was prevented by the death of the Said Hugh Gilleland, that your petitioner is ready and willing to pay the said Consideration Money as aforesaid but that no Sufficient provision for the performance of the Said bargain or Contract appears to have been made by the Said decd. In his lifetime though he was well satisfied and intended that the Same should be consummated, your petitioner therefore prays that this Honorable Court will be pleased to designate some day certain at which notice may be given to the Administrators and Heirs of the Said deceased Hugh Gilleland to appear in your Said Court and answer this bill or petition and furthermore that this Honorable Court will be pleased to decree the specific performance of the Said Contract according to the true intent and meaning thereof in order to the completing of his title according to the act of Assembly in Such case made and provided
RP Miller
Atty for Petitioner
Robert Gilleland the petitioner being duly sworn declares that the facts stated in the foregoing petition are true to the best of his Knowledge and belief__
Sworn and Subscriber before me}
This 13th Feby, 1860.                  }                       Robert Gilleland
W. D. Hughs J. P.                       }
And Now February 13th 1860 Leave granted and citation awarded to May term and Wm. Houghs appointed Commissioner to take testimony                By the Court
                                                                                                  S. J. Johnston} Clerk
August 13th 1860 Testimony of the Commissioner filed –

And Now August 14th 1860  The Court decree the sufficiency of the proff of contract and order & decree that the administrators of Hugh Gilleland decd. Estate make a Deed for the land on payment of the purchase money according to the terms of the contract     
By the Court
S. J. Johnston } Clerk
For A. S. Davis } Depy              

***********************

(in the margin)
Petition of 
George Gilleland
Praying the Court
To decree the Specific
Performance of a parole
Contract for the Con-
Veyance of real estate
From hugh Gilleland
Decd. To Petitioner

Source: Orphans’ Court Records
Crawford County, Pennsylvania
Vol E, pages 459-460

No. 6, February Term 1860

To the Honorable the Judges of the Orphans Court for the County of Crawford The petition of George Gilleland of the County of Crawford respectfully showeth that Hugh Gilleland late of the County of Crawford aforesaid died on the 16th day of November A D 1859 at his late residence in the said County of Crawford intestate and letters of Administration have been issued in due process of law to Seth Gilleland and Theodore Powers Administrators of all and singular the goods and chattels and estate of said Hugh Gilleland. That the said Hugh Gilleland in his lifetime was seized in fee of and in a certain piece or parcel of land To Wit, lying and being in the Township of Coneaut[sic] in the County of Crawford and State of Pennsylvania Bounded on the North by land of Jesse Brooks on the east by public road being the Township line on the south by land of Wm [Halmen] and on the west by James Irons containing fifty acres being the same more or less being the same conveyed by Henry Whaley to the said Hugh Gilleland Decd, That being so seized the said Hugh Gilleland did enter into a parole[sic] contract for the conveyeance of the said real estate to your petitioner George Gilleland in fee simple with the appurtinances[sic] thereunto anexed[sic] in consideration of four years work and labour performed and seven hundred dollars lawful money to be paid to the said Hugh Gilleland with interest the following manner To Wit, the sum of one hundred dollars and interest on the whole sum on the first day of November AD 1860 and the remaining six hundred dollars in six equal annual payments thereafter of one hundred dollars each with annual interest thereon. That in execution of said contract the said Hugh Gilleland thereupon delivered possession of the same to your petitioner who thereupon entered and took possession of the said primeses[sic] and entered thereon and hath made Sundry improvements and by direction of the said Hugh Gilleland a deed was prepared but its execution was prevented by the death of the said Hugh Gilleland that your petitioner is ready & willing to pay the said Consideration Money which is unpaid as aforesaid but that no sufficient provision for the performance of the said bargain or contract appears to have made by the said Decd. In his lifetime though he was well satisfied and intended that the Same should be consummated, your petitioner therefore prays that this honorable Court will be pleased to designate some day certain at which notice may be given to the Administators and Heirs of the said deceased Hugh Gilleland to appear in your said Court and answer this bill or petition and furthermore that this honorable Court will be pleased to decree the specific performance of the said contract according to the true intent and meaning thereof in order to the completion of his title according to the act of assembly in such case made and provided
R. P. Miller
Atty for Pet.
George Gilleland the petitioner being duly sworn declares that the facts stated in the above petition are true to the best     }
of his Knowledge and belief   }                                      Geroge Gilleland
Sworn and Subscribed before }
Me this 13th Feby 1860           }
W. D. Houghs J. P.                 }
And Now, Feby 13th 1860 Leave granted and citation awarded to May term W. D. Houghs appointed Commissoner[sic] to take testimony              By the Court
                                                                                         S. J. Johnston } Clerk
August 13th Testimony of the Commissioner filed

An Now August 14th 1860 Court deem the sufficiency of the proff of contract and order and decree that the Administrators of Hugh Gilleland estate to make a Deed for the land or payment of the purchase money according to the terms of the contract               By the Court
                                                                                                                S. J. Johnston } Clerk
                                                                                                        [---] A. S. David        Depy

***********************

Source: Orphans’ Court Records
Crawford County, Pennsylvania
Vol E, pages 490-492

(in the margin)
Article of
Agreement
between the
Heirs of H.
Gilleland Decd.

No 23 – April Term 1860

Article of agreement made and entered into this 30th day of July AD 1860 between Robert Gilleland and Caroline his Wife Geo. Gilleland and Samantha his Wife and Elizabeth Miser and William Miser husband of said Elizabeth [J---] Heirs as far as they have rights according to law of the Estate of Hugh Gilleland Decd, late of Summit Township Crawford County Pa, of the first part and Mary Gilleland Widdow of Said Hugh Gilleland decd of the Second part. Witnesseth that the party of the first part do, for the love and regard they have [to] their Mother and other considerations hereinafter Mentioned hereby agree to sell release assign and [Set] over to the party of the Second part her heirs and assigns twenty five acres of land including the Buildings and appurtinances[sic] thereunto belonging being part of the Homestead Farm of the Said Hugh Gilleland decd, the [Boundaries] of the Same to be determined when the balance of Said Farm is properly appraised and divided amongst the several Heirs – when we agree to make out & deliver to her a full and perfect Deed for the same according to their rights & interests in the Same, in consideration of which the party of Second part agrees to relinquish and fully release to party of first part all her rights interest & Claims which She may have or does have to the balance of Said Homestead Farm or any of the proceeds thereof, to them the Said first party, their Heirs or assigns, in Witness whereof we hereby Set our hands and Seals the day and year above written – it is further agreed that the rights and interests hereby cinveyed[sic] to the party of the first part are cinveyed[sic] Equally with Said first party to Rachel Gilleland & William Gilleland Minor Children of Said Hugh Gilleland or to Oilver F. Bush legal Guardian when said Guardian receives Authority from the Orphans Court to become a party to this agreement for the said Minor Children and does sign and thereby agree to fulfill on their part the Conditions of this agreement –
Witness present  }                                                    Robert Gilleland {S}
                            }                                                   Caroline Gilleland {S}
T. M. Power        }                                                   George Gilleland {S}
Seth Gilleland     }                                                    Samantha Gilleland {S}
                                                                                  Elizabeth Moser {S}
I agree to join the first party & comply     }….Peter Gilleland {S}
with them to the terms of this agreement }
and I am also to leave the free [benefits]  }
of its provisions with the others
                                       }Witness
                                       } T M Power
                                       } Seth Gilleland
To the Hon. [left blank] and his associates now holding Orphans Court in and for the County of Crawford
                                The undersigned respectfully ask that the appraisment[sic] and division of the land lately belonging to Hugh Gilleland now decd, amongst the several Heirs as herein Stated be confirmed by the Court & Ordered to be So recorded & witness our hands this 3rd day of July 1860
Witness           }                                                                                     Robert Gilleland
T M Power      }                                                                                     Peter Gilleland
Seth Gilleland }                                                                                     George Gilleland
                                                                                                               Elizabeth Gilleland
Being present during all the          }
arrangements herein stated and     }
believing it to be just towards       }
the Minor Children I therefore      }
join in the above petition as           }
their legal guardien[sic]                 }
                                  O. F. Bush    }
The undersigned having been called by the Heirs of Hugh Gilleland decd, late of Summit Township Crawford County Pa, to value and divide the Homestead  amongst the Heirs have measured the same according to the [corners] and lines Shown to us and divided and apportioned the same as follows – Viz, commencing at the south west Corner on the Township line & running east along the [-----] road each share to run north to the north line of said Homestead Farm the several lots as follows
1st   20 Rods   20 [links or lines]     14 acres
2d   23   do     23    do                      16 do
3d   23   do     23    do                      16 do
4th   37   do       4    do                      25 do
5th   25   do       2    do                      18 do
6th   32   do       7    do                      21 ¼ do
7th   32   do       7    do                      21 ¼ do

In Compliance the Heirs agree that William Gilleland Should have Lot. No. 3. And they draw lots for their several shares which being done the result is as follows
Lot No. 1 of 14 Acres __ George Gilleland
“     “     2  “   16  “             Peter Gilleland
“     “     4   “  18  “             Robert Gilleland
“     “     5   “  21 ¼  “         Rachel Gilleland
“     “     6   “  21 ¼  “         Elizabeth Moser
                                                                            We certify the above to be correct and also all done apparently to the Satisfaction of all concerned
July 3d 1860}                                                      T. M. Power
                                                                             O. F. Bush
                                                                             Seth Gilleland
And [---] July 9, 1860
                                 Presented in open Court and approved by the Court and ordered to be recorded
                                                                             S. J. Johnston } Clerk, OC
 
Notes: An 1850 census for Summit Township, Crawford County, lists the household of Hugh Gilleland as follows: Hugh, 45; Mary, 43; Robert, 18; Peter, 17; George, 15; Elizabeth, 11; Rachel, 7; William 4. His family lives adjoining the homes of Robert Gilleland, 72 and wife Elizabeth, 66, and that of Seth Gilleland, 32, and wife Caroline, 30, with their sons Eli and Bane, ages 8 and 6, respectively. From looking at an 1876 map of Summit Township, the family lands were located in the northwest section of the township. 

******End******

Please do not publish these transcriptions elsewhere without credit to the transcriber, preferably with express permission of same. If used as a citation, please attribute to the following:
Transcriber: Kate Maynard, 2013
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