Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-11-30
MISCELLANEOUS.
RIO THE HONORABLE, THE SENATE AND TTE

ITO THE HONORABLE. THE SENATE, AND THE
House Of Representatives, Of the Commonwealth of
massachusetts, in Legislature assembled =
Respectfully represents JOSEPH W. WARD of Bos
ton, in the County of sualk that he s interested las
Erusteel in the Estate Of DAVID HENSHAW, late of
leicester in the County Of Worcester deceased whose
viii was approved By the Court Probate for said Coup
ty Of Worcester the fourth day of January in the
year Of our Lord thousand eight hundred and fifty.
tnree that the said David Henshw and by his said
WILL aiter making sundry specific beuuests gave and be-
qneathed all the remainder OF lis property as in said
Wul expressed to be divided equally between his broth
ersi Joshua Henshaw. Andrew Heushaw Charles Hen
shaw, and Johu Henshav, his sisters, Sarah H Ward
and Laura Fletcher, and his neces Mrs Mary L. Ward
aad mrs Laura d. Whitney one-eighth eachsubiect to
the conditions hereinafter contained the same
to wit; that the place in Leicester given in article third Of
said WILL to said John Henshaw should be rated at eight
dollars as part Of his portion in such DIVISION
that IS, as part Of his eighth
That the portion of said Joshua Henshaw be properly
invested and held in trust the income from which to be
aiu Q MN nan yearly or oitener. long he should
live, and at his decease if he survive his wife the
property to be equally divided between his three Young
er children, Wis Henry P. Henshaw, Thomas P Hen
nsW, and EliSa Annie P Henshaw If his wife survive
hm them at his decease half the trust property to be
equally divided between said three children and the 9TH
er hall held intrnst and the income paid 10 her during
ner NE, and at her decease said remaining half be
equally divided between her three children last named
That said Charles Henshaw's portion be properly in
vested and held in trust the income to be paid 70 said
Charles during his life, ut his deceas the principal
20 pc divided equally between all his children
That the portion of said John Henshaw or the proceeds
thereof be held in by suitable trustees the pse
profits and income from which to be paid as thew aec
TO the said John, during his life and at his deoease the
property to be equally divided between his children
That said Laura Fetcher portion be suitably invested
ana nea n trust the income to be paid her half yearly
ottener Ii she decease, leaving child nor grandch
dreu heirs of her body then her portion at her death
TO be equally divided between Joshua Henshaw Andrew
HeDshaw, Charles Henshaw, John Henshaw Sarah IT.
Ward, Mary L. Ward. and Laura L, whitney If her
daughter MIS- Allen survive her then on the decease of
Mrs Fletcher, Mrs Allen to have the income during her
lie and the principal to 90 to her children at her de
cease she leave children heirs Of her body she leave
none then at her decease the property to be divided as
provided Tor in case Mrs Fletcher should decease leaving
no child or grandchildren.
That said Mary L. Wards portion he suitablv invested
and held in trust the income be paid to her hayeary
or oener during her e and at her decease should she
survive her husband the property be equally divided
among her children her husband survive her then a
ter her decesse the income be paid to him. during his
me- and at his decease the principalto be divided equal
ly between his children. 10y -
That said Laura L. Whitney's portion be properly in
vested and held in trust the income to be paid half year
~ or oitener to the said Laura her own personal or
der during her eand at her decease the principle To be
divided equally between her children
ana your petitioner further represents that the remain
der Of the estate of said David Henshaw so bequeahed
and devised as herein before stated consists to great
extent OF real estate the description whereof as follows
to wit; s'N'
1. certain piece or parcel otland, in that os
ton, III said County of Suffolk called South Boston, on
the easterly side of Old Harbor street. and facing the
public square, containing ty-seven hundred and forty.
seven ee more or less and for further description refer
enee may be had to deed of the premises recorded with
Suffolk Deeds Lib. AT, Folio 1885,
q About thirty seven hundred square feet of land in
that part OF said Boston, called South Boston, on the
northery side or Fourth street. between and Streets
and being part Of the land conveyed to David Hepsha
by Francis Caruth, by deed dated June 80 1850 and
recorded with Suffolk Deeds, Lib. GIL, Folio 1903.
Three certain lots Of land situate in that part of said
Boston, called south Boston, Filth street. containing
eleven thousand and seyengseyen square feet being lots
numbered 296 1871 and 29s plan of the Warren AS
npdnr ,aa Il
being the premises conveyed to said David
Henshaw, by deed of John Lley, dated November 12
do5O and recorded IN the Registry of Deeds for said
County Of Suffolk, Lib. 6l5, Page 49,
Three other certain lots Of land on Sixth street in
that part of said Boston, called South Boston, contann
eleven thousand one hundred and ngetyseyen square
feet being lots numbered 2S9 2sS and 300 on plan of
the Warren Association Lands by Alexander Wadsworth
dated, October A. D. 1840 the same having been con-
yeyed to said David Henshaw by John Linsy, by deed
last above refereed to.
s. Five other certain lots OF land on Seventh street in
thai part of said Boston called Bouth Boston, containing
nineteen thousand and ninety eight square being lots
numbered 1873, 1874, 1885, 1856, and l27 on plan by Alex
der Wadsworth lated March, 1850 and being the same
premlse conveyed to the said David Henshaw by deed
OF Jos w Ward dated October q 1850 and recorded 10
! Suffolk Registry OF Deeds, Lib. ga, Fol. 81.
g. One other certain lot OF land on Eighth street. in
tnat part Of said Boston called South Boston, containing
SIX thousana i've hundred sixty two and half sauare
eet being lot bered OIL on plan of Alexander Wad
worth, dated May 16, 1882 If 80 -
Six other certain lots Of land on the southery side
oLteel, part OF said Boston called
Boston, containing in upland thirty four thousand three
hundred and ninety six square feet with fats ad Joining
being lots numbered l0l 1922 10S l04 1885, and 106 as
on plan OF Alexander Wadswortb, dateo May 49, 1882
being the same premises conveyed to said David Hen
shaw by Warren Association, by deed dated June 10
1896 ana recorded IN Suffolk Registry, Lib 573 Fol 20
g. All the right title, and interest which the said David
Henshaw had and which belongs to his estate In
and unto certain piece and parcel of als lying in that
part OF Boston, known as South Boston, bounded and de
scr1bed as MISUNDERSTANDING point on the norherly
line Of First street. distant two hundred and sixteen feet
from reeneasurng at right angles from said street
thence running westerly said First street to Boston
wharf, by line parallel with said wharf to low wa
ter mark, far the Law will allow thence bonding
norlhwaFdy on low water mark measuring across on
line parallel with said First street fats or las of
the estate oil said David Henshaw thence turning and
running Boutherly on line parallel with said street to
to the point of beginning however otherwise bounded
q a certain piece Of land containing about one acre
with the dwelling house and outbuildngs thereon stand
ing situate about one mile eastery of the Academy in
Leicester aforesaid the southry side Of the post road
leading to Worcester and is the land conveyed to
sewer SARGENT trustee OF Andrew Clark BY deed Of Par
ley Holman Jr, dated March 20 1S49 and recorded in
the Registry Of Deeds for said County of Worcester book
453, page 30.
have been duly appointed by the Court of Probate for
SAID county OF Worcester underthe provisions oil said will
IN all cases in which said Wrequres such appointments
and such trustees have seYeray given bonds according
to law, and are now acting 10 such capacity.
That said Real Estate is now held in common and I'm
divided and that the character and condition thereof
nomiealy managed in its present state and that Justice
and the interests OF the parties demand that partition Of
said Real Estate be made.
And that his is advised that the Court of Probate for
said County Of Worcester, having general Jurisdiction in
the settlement of the estate Of SAID David Henshaw may
not be clothed with sufficient authority under the general
laws OF this Commonwealth to cause partition Of said
Real Estate which shall be binding and conclusive upon
all parties 10 interest stft
Wherefore petitioner prays that said court OF Pro-
pate Tor the County OF Worcester, may be specially
thorized and empowered appoint commissioners and
cause partition Of said Real Este be made among said
residuary devisees Of the said David Henshaw which
being accepted by said court shall be binding upon all
parties that the shares Of said Real Estate which may
be set toor for the benefit Of the deysees e respect
ive may at the decease Of such devsees for he respect
lively go to- and become the property Of their respective
children, other person personsin the same manner
they wonld be entitled the same the provisions
OF said Will, II the same were to remain undivided
Aud your petitioner further states that the individuals
interested in the matter Of the foregoing petition who
residents Of this Commonwealth reside In the Counties of
Suffolk, Mddlesex aud Worcester naam
Boston, Nov. q, 1857. JOSEPH W. WARD.
sEcRETARY's oFFIcE, Bosros
3oi Nov. %, 1867. s
hereby approve Of Boston Post, Worcester Spy, and
Cambridge Chronicle, suitable papers for the pubca
A. . A. q A