Will of B. K. Henagan

"This is the Last Will and Testament of me, B. K. Henagan of Marion District, State of South Carolina, as follows:

1^st – I give and set apart the following named negroes to my beloved wife Anna Mariah Henagan, namely Harry and his two sons Henry and Wesley, his wife, Juda, Old Simon and his wife, Cally, Dolly, Long Juda, Cate, Mariah, Phoebe, Chloe, Flora, Hatway, Elisa, Solomon and Clarissa – the above named negroes I give to my beloved wife during the term of her natural life, and after the death of my beloved wife, then it is my will and desire that all of the above named negroes together with their increase, shall be equally divided share and share alike, among my six children, vis: Jas H. Henagan, Andrew B. Henagan, Robert Y. Henagan, Alice G. Henegan, Mary A Henagan, and Samuel I. Gibson Henagan.

2^nd – I give to my beloved wife Anna Mariah Henagan eight head horses to be selected from my stock of horses not to exceed in value of $600.00. I further give my beloved wife 20 head of cattle and hogs to be taken my stock on the Catfish plantation. I further give my beloved wife one wagon and harness, one cart, the household and kitchen furniture on the Catfish plantation, also one half of all the plantation tools and farming implements that I may leave on my Catfish plantation. All the property given in this 2^nd clause to my beloved wife shall be subject to the same restrictions and limitations contained in the first clause, vis: that my beloved wife shall have and enjoy the same during her natural life and at her death to be divided among my six children as in the first clause, share and share alike.

3^rd – I give and bequeath to my two sons, James H. Henagan and Andrew B. Henagan all that tract or plantation of land lying and situated in the District of Marlborough and state of South Carolina know as the Cannon Land (name of this website www.cannonlandplantation.com)

4^th – I give and bequeath to my son Robert Y. Henagan the tract or plantation of land known as the Grove Land, also the land on ------ (unclear).

5^th – It is my will and desire that all my personal property of whatsoever kind or description shall be equally divided among my six children mentioned in the 1^st clause on the first page, equally, share and share alike, the shares received by my four sons I give to them, absolutely, and the share set apart for my two daughters Alice and Mary and upon their marriage the property to be received shall be in no way responsible for the debts existing that may be contracted by their husbands and if either of my above-named daughters shall die leaving no issue surviving them, then and in that event I desire that there share or shares shall revert back to my other children, or if any of them is dead then to the issue, the child or children of my deceased child or children to receive the portion the parent would have been entitled to if living.

6^th – It is my will and desire that the crops made on the lands shall pay my debts. But in the event that the proceeds arising from the crops and otherwise are not sufficient then I desire my Executor, hereinafter named, to dispose of a sufficiency of personal property to pay the same or if my Executor think best, they are empowered to sell the part or the whole of the land, given to my son Robert Y Henagan if the Executor should in their judgement dispose of a part or the whole of the lands above described given to my son Robert Y. Henagan then and in that cause I devise my son Robert shall be entitled out of my personal property over and above his distributive share the amount the land may sell for above specified.

7^th – It is my will and desire that my son James H. Henagan shall retain the distributive share of my son Samuel I. Gibson Henagan as long as he may remain living with Major Samuel F. Gibson and in the event that Maj. Samuel F. Gibson shall be will or otherwise give to my son Samuel I. Gibson Henagan property to the value or exceeding the value of his distributive share of my estate then, and in that event, I desire the distributive share of my son Samuel I Gibson Hengan given in the 1^st and 5^th clause shall become part of my estate and be divided among my other five children equally, share and share alike, the shares of my two daughters Alice and Mary be entitled to such division shall be subject the same restrictions and limitation on the property given them in the 5^th clause.

8^th—Lastly, I appoint my son James H. Henagan, John W. Henagan* (*John W. Henagan is B. K. Henagan’s nephew, Col. John Henagan, of Kershaw’s Brigade fame) and Jas. J. Harlee Executors to this (dated 1854).