The Will of James Gilliland
Brown County, Ohio
1879 - 1880

Kate’s notes:  James Gilliland (1802-1880) was born in South Carolina to the Rev. James Gilliland and wife Frances Baird. He married Pennsylvania-born Narcissa McLain (1808-1881) and they were the parents of the following children: John L., William A., James M., Luther M. and Amanda, the daughter having died as a toddler. James and Narcissa are buried at the Red Oak Presbyterian Cemetery, Brown County, Ohio.
    All of these records were handwritten. Interpreting any handwritten document can be tricky so any portions in doubt have been indicated by brackets. I have not made any corrections for capitalization, punctuation or spelling.
    An image of the original will may be found at: https://familysearch.org
    Some additional notes follow the transcription.

Source: 
Ohio Probate Records
Brown County, Ohio
Wills 1880-1887, vols 7-8

Probate Court held at the Courthouse
in Georgetown Brown County Ohio
before J. P. Biehn Probate Judge in
and for said County on the 6”
day of September A. D. 1880

{In the margin the number 585}
James Gilliland
     Will
           Be it remembered that heretofore to wit on the 16” day of August A. D. 1880 the following entry was made
                       This day was produced to the Court a paperwriting purporting to be the last will and testament of James Gilliland deceased late of Brown County Ohio and at the same time application made to admit the same to probate and all the next of kin and legatees being personally present in Court, and consented to the probate of said paperwriting and waiving the issuing and service of notice, it is ordered by the Court that said paperwriting be probated. Therein [---] came into open Court John M. Hopkins and W. W. Gilliland, the subscribing witnesses to said will who after being duly sworn according to law testified to the true execution of the same, and their testimony was reduced to writing and by them subscribed and filed, and the Court having heard all the evidence and being fully advised in the premises finds that said will was executed according to the laws of the State of Ohio in force at the time, that at the time thereof the Testator was of legal age, of sound and disposing mind and memory and not under and undue or unlawful restraint whatever. It is therefore ordered by the Court that said will the testimony of the witnesses and all other proceedings, together with the orders and findings of the Court therein be recorded as provided by law.
                       Which application is in the words and figures following to wit
{In the margin, “Application”}
To the Honorable the Judge of said Court 
And in comes J. M. Gilliland and W. A. Gilliland and produce for admission to probate in said Court the last will and testament of James Gilliland late a resident of the township of Union in said County who died on the 10” day of August A. D. 1880  said will was not deposited during the lifetime of the Testator in the office of the Judge of the Probate Court of said County for safekeeping as allowed by law, said testator died leaving a widow Narcissa Gilliland and the following persons all of his next of kin residents in the State of Ohio
Wm A. Gilliland          Son                    Ripley O
J. M. Gilliland                “        
                                                                                W. A. Gilliland
State of Ohio Brown County ss
                          The above named W. A. Gilliland having first duly sworn says the statements of the foregoing application are true as he verily believes
Sworn to before me and subscribed in my presence this 16” day of August a. D. 1880
                                                                                J. P. Biehn  

{In the margin, “Will”}
Know all men by these presents that I James Gilliland do make and publish this as my last will and testament
1st  I give and devise to my wife Narcissa Gilliland the use and occupation of the farm on which I now reside and all the buildings and improvements thereon during her natural life, also our horse and buggy and harness – all my household and kitchen furniture beds bedding and books and ten thousand dollars of the stock I hold in the Farmers National Bank of Ripley O
2nd  I give and devise to my son J. M. Gilliland the farm on which I now reside and devised above to my wife during her life, to him and to his heirs and assigns forever after the decease of my wife, estimating it to be worth five thousand dollars
3rd  I give and devise to my son Wm A. Gilliland five thousand dollars in order to make him equal with my son J. M. Gilliland
4 “  I wish all the balance of my property both real and personal of every kind to be divided equally between my two sons Wm A. &  J. M. Gilliland and any and all of my estate remaining at my wife’s death to be divided in the same proportion between them.
5 “ I hereby appoint my two sons William A. Gilliland and J. M. Gilliland Executors of this my last will and testament and I desire that they give no bond as such Executors and no inventory and no appraisement be made of any part of my estate and no order of Court be made in regard thereto, but that any property be divided as above mentioned with the least expense and delay possible
In testimony whereof I have hereto set my hand and seal this twenty second day of January A. D. 1879
Signed and sealed in our presence by Jas. Gilliland and at his request signed by us and by him acknowledged as his last will and testament January 22” 1879
                                                                                W. W. Gilliland
                                                                                John M. Hopkins

{In the margin, “Testimony”}
State of Ohio Brown County ss
                          Personally appeared in open Court John M. Hopkins and William W. Gilliland the subscribing witness to a paperwriting purporting to be the last will and testament of James Gilliland deceased who being duly sworn according to law to speak the truth the whole truth and nothing but the truth in relation to the execution of said paperwriting depose and say that the paper before them purporting to be the last will and testament of James Gilliland now deceased is the will of said deceased James Gilliland that they were present at the execution of said will at the request of the Testator subscribed their names to the same as witnesses in his presence and that they saw the said James Gilliland deceased sign and seal said will and heard him acknowledge the same to be his last will and testament, and the said James Gilliland at the time of making signing and sealing said will was of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever
                                                                                John M. Hopkins
                                                                                W. W. Gilliland
Sworn to and subscribed in open Court this 16” day of August A. D. 1880
                                                                                J. P. Biehn  Judge

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
www.gillilandtrails.org

Additional notes:
    The W. W. Gilliland mentioned in this will was another son of the Rev. James Gilliland and an attorney with a law practice in Ripley, Brown County, Ohio. His first wife was Elizabeth Jane Hopkins. Biographies of both William and James M. Gilliland may be found in the Gilliland Trails library.
    James Gilliland held such a large amount of stock in the Farmers’ National Bank because he had served as the bank’s president.
    Son Luther is not mentioned in James’ will as the young man died in 1864.    
    An 1800’s map of Brown County, modified and enhanced to indicate the location of Gilliland family lands, may be found in the map collection of the Gilliland Trails library.