Kate’s notes: At the very beginning of the document (in the margin) John’s name was spelled as Gilleland but elsewhere as Gilliland; there are instances throughout where the spelling had been corrected to reflect the latter. Normally I do not correct these old documents for inconsistencies of capitalization, spelling, etc but in this case I did opt to standardize the capitalization. The old document did lack almost any punctuation and  there were a few misspellings, which I did not correct. 
    The renunciations of Elias Cook and William Lyons, who had been named Executors of John’s estate, can also be found in the same book of wills, pages 39 and 41. There are also several other records relating to the will, dating to 1836, which concern Jonathan Briggs, husband of John Gilliland’s daughter Margaret, who filed against the will and probate under the claim that John had been suffering from “imbecility of the mind” and was subject to undue influences at the time of the writing. (See pages 25 & 26, Will Book 4.)
. No doubt Jonathan is related to Jane (Briggs) Gilliland but just how is unknown to me at this time.

                                                                                                       -Kate Maynard, 2013

The Will of John Gilliland, Huntingdon County, Pennsylvania, 1834

Source:
Probate Records
Huntingdon County, Pennsylvania
Will Book 4
Pages 44-45

(in the margin)
Last Will & Testament
Of
John Gilleland deceased

I John Gilliland of Tell Township Huntingdon County and State of Pennsylvania do make and publish this my last Will and Testament hereby revoking and making void all former wills by me at any time made heretofore. And as to such worldly estate as it hath pleased God to intrust[sic] me with I dispose of the same as follows. First I direct that my debts after my decease (if any) be all paid, I also direct that my beloved wife shall have all my household furniture to be entirely at her disposal provided she continues my lawful widow if she may think proper to marry. I allow and direct that my youngest daughter Elizabeth shall have the one half of my household furniture if then living if not still to be at the disposal of my beloved wife. I also give and bequeath unto my beloved wife one cow and her choice, or in other words she may have her choice of any one cow I may be in possession of at my decease, with pasture of the place or land I now live on in the summer season and fall and a sufficiency of hay through the winter. For the same also I direct that my wife and youngest daughter shall have from four to six sheep which must be kept upon the place for their use i.e. to be at the disposal of my sons James and Alexander at any time provided they, or either of them furnish my wife and daughter with wool yearly, to be the same amount so long as my daughter may continue single or live with her mother. I also give and bequeath unto my wife and daughter my mansion house where I now live (i.e. my youngest daughter) and garden with half of all fruit which may annually grow upon the farm or land belonging to said house with a sufficiency of firewood and the priviledge[sic] of keeping one or two pigs and other things such as chickens if they may think proper. I give and bequeath unto my three sons Matthew John and Robert three dollars each, I also give and and bequeath unto my son Andrew one dollar, I give and bequeath [“I give and bequeath” repeated here] unto my son William the Black log place so called by him paying fifty two dollars two years after my decease and ten dollars annually after my decease to my widow, I give and bequeath unto my daughter Elizabeth the Waterford place so called, I give and bequeath unto my two sons James and Alexander the Spade place so called of the land where I now [word missing?] upon nevertheless still subject to the foregoing or described reservations, I give and bequeath unto my son Samuel fifty dollars and I direct that James and Alexander my two sons pray the same unto Samuel and when paid I direct that Samuel release unto James and Alexander, I give and bequeath unto my daughter Margaret forty dollars I give and bequeath unto Elizabeth Clemens twenty dollars I direct also that my sons James and Alexander divide the land above mentioned between them so that James may have the north east end of the land I also direct that my sons James and Alexander  or who ever may be in possession of the land given to them pay unto my wife during her widowhood annually twenty dollars I also direct that who ever may be in possession of the Waterford place pay to my wife annually ten dollars the residue or over plus of all my estate real or personal I direct shall be equally divided between my wife and youngest daughter Elizabeth I do hereby make and ordain William S. Lyons of Franklin County and Elias Cook of Juniatta[sic] County Executors of this my last Will and Testament. In witness whereof I John Gilliland the Testator have hereunto set my hand and seal the thirty first day of May in the year of our Lord one thousand eight hundred and thirty four
Signed Sealed and delivered in the presence of us.
Joseph Pumroy     Wm. R. Pumroy                                                           John Gilliland {Seal}

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

Huntingdon County [--]
     Before me the Register for the probate of Wills and granting letters of Administration in and for the said County of Huntingdon  personally appeared Joseph Pumroy and William R. Pumroy who being sworn according to law do depose and say that they were personally present and saw and heard the above named John Gilliland publish pronounce and declare the within instrument of writing as and for his last Will and Testament, and that they these deponents did sign their names thereto as witnesses in presence of the said Testator and at his instance and request and that the said Testator was at the time of sound and disposing mind memory and understanding to the best their knowledge and belief
Sworn and Subscriber the 16th    }                                                          Joseph Pumroy
day of November A. D. 1836     }                                                          Wm. R Pumroy
Before John Reed Register         }

*****************
 (in the margin)
Mary Gilliland Adm                           }
               of                                          }
John Gilliland decd                             }
Bond in $800 filed                              }
James Lowthers           }                      }
Chas. A. Newingham  } sureties         }

Memorandum. Letters of Administration with the will annexed were this day granted to Mary Gilliland on the estate of John Gilliland deceased. Inventory to be exhibited within one month and a just and true account calculation and reckoning of her said Administration within one Year. Given under seal of office the 8th day of December A.D. 1836
                                                                                                                  John Reed   Register

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

Page 20
(in the margin)
Against the Will           }
of                                  }
John Gilleland, dec’d   }
Filed with the will        }

I Jonathan Briggs intermarried* with Margaret Gilleland daughter of John Gilleland dec’d late of Tell township do hereby enter a Caveat against the Probate of any and every paper writing purporting to be the Last Will and Testament of John Gilleland dec’d and object the Register’s taking the Probatre of the same. In Witness whereof I have hereunto Set my hand & seal this 13th April 1836.
                                                                                                                Jonathan Briggs {Seal}

Page 26

And now to wit, the 16th day of November A.D. 1836 the result of the proceedings so had in the premises in the said Court of Common Pleas is Certified into the Office of our said Register in the words following Viz_

In the Court of Common Pleas of Huntingdon County
(in the margin)
William Lyons and
Elias Cook
       vs
Jonathan Briggs intermar-
ried* with Margaret Gilli-
land a daughter of John
Gilliland deceased

{Seal of the
Court}

No. 34 August Term 1836. Issue Devisavit vel non* directed by the Register of Wills of Huntingdon County to try the validity of a certain writing dated the 31st of May 1834 purporting to be the last Will and Testament of John Gilliland, late of Tell township deceased.
And now 12th August 1836 on Motion of A. P. Willson Esqr to be placed on the head of the list on the first week of next Term Plaintiff declares in Assumpsit* M[--] Miles appears for Defendant, and Pleads non Assumpsit. Issues and rule for trial. Augt. Cont’d And 16th November 1836 by consent Caveat withdrawn, and Proceedings reawarded to the Register when the will is to be proven and to have the same effect as a verdict and judgement[sic] of the Common Pleas in favour of the will. 

To John Reed Esquire                                                              Per curiam* 16th Nov 1836.
Register of Wills of Huntingdon County                                 Certified from the Record
                                                                                                  Robert Campbell [Proxy]

*********END*********

Black’s Law Dictionary:
*Intermarriage: In law, it is sometimes used (and with propriety) to emphasize the mutuality of the marriage contract and as importing a reciprocal engagement by which each of the parties “marries”‘ the other. Thus, in a pleading, instead of averring that “the plaintiff was married to the defendant,” it would be proper to allege that “the parties intermarried” at such a time and place.

*Devisavit vel non: In practice. The name of an issue sent out of a court of chancery, or one which exercises chancery jurisdiction, to a court of law, to try the validity of a paper asserted and denied to be a will, to ascertain whether or not the testator did devise, or whether or not that paper was his will. 7 Brown, Pari. Cas. 437; 2Atk. 424; Asay v. Hoover, 5 Pa. 21, 45 Am. Dec. 713.

*Sometimes per curiam signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement of the disposition of a case by the court that is unaccom -panied by a written opinion.

Please do not publish this transcription 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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