Kate’s notes: Mercer Ervin “M. E.” Gilliland was born about 1847 to David McBrayer and Sophronia* Elizabeth (Ross) Gilliland and died at Gadsen, Alabama on April 27, 1912. The 1880 census shows that Mercer’s household includes himself and wife Mary, along with sons Forney H. and Walter F., plus daughter Sarah (“Sallie” being her nickname), an infant. In the earlier 1870 census the children were listed as Jesse, 18; Rebecca J., 17 and “W F M”, 15.
   M. E. married Mary J. Stephens on December 3, 1868 (source: Early American Marriages: Alabama, 1800 to 1920). Mary died in 1924 and the couple are buried at Bethany Baptist Church Cemetery in Reece City, Etowah County.
   Lacking an 1890 census, sons Pink M. and William, the “Willie L.” referred to in the will, don’t appear in the household census records until 1900.
   The “H. F.” Gilliland who appears as the petitioner in 1912 is Henry Forney, listed as Forney H. in the 1880 census. Henry’s brothers Pink and Walter had preceded their father in death, hence changing the conditions set about in M. E.’s will. Within the petition set forth by H. F. Gilliland you will find the names of some children of  the deceased Walter and wife Viola Mae (Brock), which have been misspelled or are incomplete. “Etna” was actually Edna and “Marceline” was Jennit Marcelene. Another daughter, Zella, is not mentioned at all.
   Pink Gilliland’s wife was the former Beulah I. Jones. It is interesting that she is mentioned as living with daughter Grace in DeKalb County, as David and Sophronia Gilliland are recorded as living in DeKalb in 1850.
   I am by no means well versed in this particular branch of the Gilliland tree, so any assistance in clarifying this family group would be most appreciated. Some additional notes will follow this transcription.
   I have done my best in transcribing these records but as with all old handwritten documents, there are sometimes mistakes or potions in doubt; the latter are indicated by brackets. The records also lacked any punctuation but I have presented them as they appear.

The Will & Probate Records for Mercer Ervin Gilliland,
Etowah County, Alabama, 1909-1912

Source:
Alabama Probate Records
Etowah County
Wills 1908-1937
Volume B – C
Originals may be viewed at the website for LDS genealogy: https://familysearch.org/search/collection/1925446

In the Name of God Amen
    I M E Gilliland of the County of Etowah and State of Alabama being of sound mind and disposing memory but knowing the uncertainty of this transitory life do make declare and publish this my last will and testament
    1st  I give my spirit to God who gave it and my body to the dust whence it came
    2nd  I will and desire that after my death my body shall be decently interred and my funeral expense paid out of any money or effects I may die possessed of
    3rd  I will and desire that all my property both real and personal shall remain as the possession of and be controlled by my beloved wife Mary J Gilliland during her Natural Life or while she remains a widow, but [word missing here] she marry again all property shall be sold and her take a childs part, and after her death I will and desire that my Executors to be hereafter named shall sell all the property left both real and personal either at public or private sale and after all just claims against the estate to divide the proceeds equally among my heirs
    4th  I hereby nominate my sons Pink M Gilliland and Willie L Gilliland my Executors of this my last will and testament without bond and my said Executors are hereby fully authorized to do any and all things necessary to the carrying out the provisions of this will without orders from the Probate Court except to have said will probated and recorded
    If at any time my wife and Executors think it best to sell any part of the estate they may do so My wife and Executors make a deed whatsoever they decide to sell
    In testimony whereof I have to this my last will and testament subscribed my name and affixed my seal this the 20th day of March 1909
                                                                           M E Gilliland
Signed sealed declared and published by the said M Ervin Gilliland as and as for his last will and testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names at witnesses hereto attest
Ben Hill                M E Gilliland
W H Stephens

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The State of Alabama  }  I L L [Herzberg]
Etowah County            }  Judge of the Court
of Probate in and for said county & State
do hereby Certify the written instrument
of writing has this day in said Court and
before me as the Judge thereof been duly 
proven to be the genuine last will and testa
ment of M E Gilliland decd and that
said will together with said proof thereof 
have been recorded in my office in Book
of Wills Vol “B” pages 188 189 190 & 191
    In witness of all which I have hereunto 
set my hand and the seal of said Court
this June 3rd 1912
                                 L L [Herzberg]
                                 Judge of Probate

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

The State of Alabama    }
Etowah County              }  In the Probate Court of said County,
    In the matter of the Probate of the last will and testament of M E Gilliland deceased.
    To the Hon L L [Herzberg] Judge of said Court
    Your petitioner H F Gilliland who is a resident of Etowah County State of Alabama, and over the age of 21 years respectfully represents and shows unto your Honor:
    1st  That the 27 day of April 1912 M E Gilliland departed this life in said County and State leaving a last will and testament and at the time of his said death was an inhabitant of said County and State, and that petitioner is interested in the said Estate of the said M E Gilliland, deceased
    That said will was attested by Ben Hill and W H Stephens both of who reside in said County and State
    Petitioner herewith produces and files with your Honor, and [pro----] for Probate and record in this Court the said last will and testament of the said Decedent
    2nd That said decedent was a married man at the time of his death and left surviving him Mary J Gilliland his widow who is over the age of 21 years and of sound mind and resides in said County and State , that the next of kin are the children and grand children of the said decedent who are as follows Willie L Gilliland H F Gilliland your petitioner, Sallie Keener wife of George Keener  the above named next of kin are children of said decedent, each of whom are over the age of 21 years of sound mind and reside in said county and State: Etna Gilliland age 12 years and Marceline Gilliland age 9 years who are the Minor Children of W F Gilliland deceased and W F Gilliland was a Child of said decedent M E Gilliland, said minors reside with the said widow Mary J Gilliland is said County and State. Their Mother being dead, that said minors now have a guardian, they were represented by the said decedent as their guardian up to the time of his death; and also Grace Gilliland age 2 years, the child of Pink M. Gilliland, decd, the said Pink M Gilliland was a child of the deceased M E Gilliland, said minor resides with her Mother who is also her guardian Beulah I Gilliland in DeKalb County, Ala.
    Premises considered, petitioner prays that a day be set for the hearing of this petition, and that due notice as required by law be given to the next of kin of said decedent and that such other proceedings orders and decrees [they] had and made in the premises as may be requisite and proper to effect the due probate and recording of said will according to Law
                                      H F Gilliland
Sworn to and subscribed before me on this the 15 say of May 1912
                                       L L [Herzberg]
                                       Judge of Probate

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

The State of Alabama   }   Probate Court
Etowah County             }   June 3rd 1912
    In the matter of the Estate M E Gilliland decd
    Present Hon L L [Herzberg] Judge of Probate
    Before me L L [Herzberg] Judge of Probate for said County personally appeared in open Court W H Stephens who having been by me first duly sworn and examined did depose and say on oath that he is a subscribing witness to the instrument of writing now shown to him and which purports to be the last will and testament of M E Gilliland deceased late an inhabitant of this County that said M E Gilliland since deceased, signed and executed said instrument on the day the same bears date, and declares the same to be his last will and testament and that affiant set his signature thereto on the day the same bears date as a subscribing witness  to the same in the presence of said M E Gilliland and that such other witness subscribed his name in the presence of said M E Gilliland & Ben Hill that said M E Gilliland was of sound mind and disposing memory and in the opinion of the deponent fully capable of making his will at the time the same was so made as aforesaid Affiant further states that said M E Gilliland was on the day of the said date of said will of the full age of twenty one years & upward

Sworn to and subscribed                         W H Stephens
Before me the June 3 1912
                      L L [Herzberg]
                      Judge of Probate

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

The State of Alabama   }   Probate Court
Etowah County             }   June 3rd 1912
    In the matter of the Estate M E Gilliland decd
    Present Hon L L [Herzberg] Judge of Probate
    
Before me L L [Herzberg] Judge of Probate for said County personally appeared in open Court W H Stephens who having been by me first duly sworn and examined did depose and say on oath that he is a subscribing witness to the instrument of writing now shown to him and which purports to be the last will and testament of M E Gilliland deceased late an inhabitant of this County that said M E Gilliland since deceased, signed and executed said instrument on the day the same bears date, and declares the same to be his last will and testament and that affiant set his signature thereto on the day the same bears date as a subscribing witness  to the same in the presence of said M E Gilliland and that such other witness subscribed his name in the presence of said M E Gilliland and that such other witness subscribed his name as a witness in his presence and in the presence of M E Gilliland & W H Stephens that said M E Gilliland was of sound mind and disposing memory and in the opinion of the deponent, fully capable of making his will at the time the same was so made as aforesaid. Affiant further states that said M E Gilliland was on the day of said date of said will of the full age of twenty one years and upward

Sworn to and subscribed                         Ben Hill
Before me the June 3 1912
                      L L [Herzberg]
                      Judge of Probate

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

Additional genealogical notes: In the Gadsen Times of February 18, 1967, Jerry Jones, a local descendant of John and Rebecca McBrayer Gilliland, published a more detailed profile of the family. In that article he wrote:

 “…The third son of John and Rebecca Gilliland was David McBrayer Gilliland, born May 7, 1818, died July 5, 1900. He married Nov. 9, 1844, Sophornia E. Ross, daughter of Jesse Ross. They lived in Little Wills Valley and several of their descendants still live on their old farm.
    They were the parents of seven children: John Ross, 1845-1922, married Parthena J. Shepherd; Mercer Ervin, 1847-1912, married Mary Stephens; Alexander A., 1838-1926, married Harriett Gilbert (they were the parents of the late Judge H. Ross Gilliland); Jess Edwin, 1850-1927, married Mary A. Sitz (grandparents of Mayor Lesley Gilliland); Francis M., born 1851, married Edith Shahan; Rebecca J., 1852-1871; and Walter F. 1854-1890, married Viola May Brock….”

    Contrary to the census records, Mr. Jones spelled the name of David McBrayer’s wife as Sophornia, not Sophronia. The name of Mercer Ervin’s wife is given as Mary Stephens.
    Mr. Jones’ article is archived in the Gilliland Trails library under “Historical and Biographical Sketches” for Alabama.

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

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