Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-01
MISCELLANEOUS.
ITO THE HONORABLE, THE SENATE, AND TIE
j House Of Representatives,, Of the Commonwealth Of


ITO THE HONORABLE, THE Senate, AND TIE
i House Of Representatives,, Of the Commonwealth Of
Massachusetts, in Legislature assembled -
Respectfully represents JOSEPH W. WARD, of Bos
ton, the County Of Suffolk that he is interested Gas
Trustee) in the Estate Of DAVID HENSuAW, late Of
Leicester, in the County g Worcester deceased whose
Win approved by the Court Of PROBATE for said Ooun
ty of Worcester the fourth day Of January IN the
year of our LOId thousand eight hundred and hfy-
three; that the said David Henshaw in and BY his said
WILL after making sunury specific be4uests gave and be
queathed all the remainder Of lis property, in said
VIII expressed to be divided equally between his broth
ers, Joshua Henshaw, Andrew Heushaw, Charles Hen
shaw, and John Henshaw, his sisters, Sarah II Ward
and Laura Fletcher and his neices Mrs Mary L. Ward
and Mrs. Laura L. Whitney oneeigbth to hsubject
the conditions hereinafter contained concerning the same
to witt that the place in leicester given in article third OF
said W to said John Henshaw should be rated at eight
thousand 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 10 trust the income from which to be
paid to him half yearly Oener, long as he should
live, ana at his deeease, if be survive his wife, the
property to be equally divided between his three young
er children, viz: Henry P. Henshav, Thomas P. Hen
shaw and Eliza Annie P Henshaw. II bis wife survive
him, then at his decesse half the trust property be
equally divided between said three children and the 9TH
half held in trust and the income paid 10 her during
her lie and at her deeease said rematnng half to be
equally divided between hr three children last named
That said Charles Heushaw's portion be properly in
vested, and held in trust the income to be paid to said
Charles during his iife and at his decess the principal
to be divided equally between all bis children.
Thatthe portion of said John Henshaw the proceeds
profits ard income from which to be paid as they accrue
to the said JDhn during his life his decease the
property 70 De equally divided between his children
That said Laura Retchers portion be suitably invested
and held in trust the income be paid her half yearly
ofener. If she decease leaving child nor grandch
dren heirs Of her body then her portion at her DEATH
to be equally divided between Joshna Henshaw, Andrew
HeDshsT, Charles Hensbaw, john Henshaw Sarah H.
Ward Mary L. Ward and Laura L. Whitney. II her
daughter MIS- Allen, survive her hen the decease of
Mrs. Fletcher, rs Allen to have the income during her
life and the principal to go to her Children at her de
cease if abe leave children heirs Of her body if she leave
nohe then at her deceas the property to be divided as
provided for in Mrs Fletcher should decease leaving
no child or grandchildren
That said Mary Il. Wards portion be suitably invested
and held in trust the income to paid her half yearly
oftener during her e and her decease should she
survive her husband the property be equally divided
among her children If her husband survive her then a
ter her deeease the income to be paid him. during his
life and at his decssse the principal to be divided equal
~ between his children
That said Laura L. Whney's portion he properly in
vested and helG in trust the income be paid af year
ly, oener, to the sal Laurs her psisona or
der during her and at her decease the principle to be
divided equally between her children
And your petitioner further represents that the remain
der Of the estate Of said David Henshaw bequeaed
and devised herein before stated consists to great
extent real estate the description wheEeof follows
| to wit: asa
certain piece parcel of land in that part of Bos
ton, ia said County Of Suffolk, caleb South Boston, on
the esserly side Of Old Harbor street. nd facing the
public square, containing 6yseven hundred and forty
seven feet less and for further description refer
may he had TO deed Of the premises recorded with
Suffolk Deeds Lii All, Folio $50
2 About thirty hundred square feet Of land in
that part of said Boston, called South Boston, on the
northerly side Of Fourth street. between and streets
and being part Of me land conveyed to David Henshaw
by Francis : CarQth by deed dated June so, 1885, and
| recorded With siifoIk Deeds Lib. GIL, Folio 1903.
g. Three ceran lots Of land situate ia that part of said
Boston, called South Boston, Fifth street. containing
eleven thousand seventy square feet being lots
numbered 230 297 and 29s on plan of the Warren AS
socaton Lands by Alexander Wsds WORTH dated October
ADl840 being the same premises conveyed said David
Henshaw, by deso of John Liey, dated November -,
1850, and recorded in the Registry of Desds for said
| County of Suffolk, Lib 6I5, Page TO-
a. Three other certain lots Of land Sixth street. in
taat part OF ead Boston, called South Boston, containing
eleven thousand hundred and ninety-seven SQUARE
feet being lots numbered $50 1885, and 300 on plan of
the Warren Association Lands by Alexander Wadsworth
Dated October A. D. 1910, the same having been con-
yeyed to said David Renshsw by John LiIey, by deed
| last above refereed to,
.. fiveoter certain lots on Seventh street in
that part q SAID Boston called South Boston, containing
nineteen thousand and ninety eight square ebeng lots
numbered 1885, l34, 1885, 1885, and l2T on plan by Alex
der Wadsworth lated March, 1850 and being the same
premises conveyed to the said David Henshay by deed
Of Jos W Ward dated October 1850 and recorded in
+! Suffolk Registry Of Deeds, Lib. GA, Fol. 81.
g. oas other certain lot OF Land Eighth street. in
that part of said Boston called South Boston, containing
six thousan5 i've hundred sixty two and half SQUARE
feet being lot numbered 81, plan of Alexander Wads.
4 worth, dated May 10, 1889. -f
| z Six other certain lots Of land the southery side
OF Eighth street. in chat part Of said Boston called South
Boston containing in upland thirty four thousand three
hundred and ninety six square feet with fats adjoining
being lots numbered l0l l02 103, lO4 1O5 and 1885, as
1 plan Of Alexander Wadsworth dateu Nav l6 1889
being the same premises conveyed to said David Hen
shaw by Warren Association, bS deed dated June TO-
1885, and recorded in Suffolk Registry Lib 573 Fol 90
s. All the rghtite and interest which the said David
HenshaT had and which belongs to his estate in
and unto certain piece and parcel of Oats lying in that
part of Boston, known South Boston, bounded and de
serbed as Beginning at point the northerly
line of First street. distant hundred and sixteen feet
from street measuring at right angles from said street.
thence running Westerly said First to Boston
Wharfthence by line parallel with said wharf low wa
ter mark, as far the Law will allow thence bounding
nortnwardly low water mark and measuring across on
line parallel with said First street flats of
the estate OF said David Henshaw, thence turning
running Routhery line parallel with said street to
to the point of beginning however otherwise bounded
| g. certain piece fland containing about
with the dwelling house and outbudings thereon stand
ing situate about mile easterly of the Academy in
Leicester aforesaid the southrly side of the post
leading to Worcester and is the land conveyed to
seFel SARGENT trustee of Andrew Clark by deed Of Par
ley Holman Jr, dated March 20 1919 and recorded in
the Registry Of Deeds for said County OF Worcester book
| 453, page 30. -.ah4
And your petitioner further represents that trustees
have been duly appointed by the Court of Probate for
said county OF Worcester underline provisions OF said will
in all cases in which said Will requires such appointments
and such trustees have severaly given bonds Gccordng
to law, and are now acting in such capacity. 40
That said Real Estate is now held in common and IN
divided aud that the character and condition thereof is
such that i cannot be conyenleny, proataby,or eco
nomicay managed in its present state and that justice
and the interests Of the parties demand that partition Of
| said Real Estate be made
ana Is auVtsed tnat the O0urb OF Probate
said County Of Worcester having general Jurisdiction in
the settlement of the estate of SAID David Henshaw may
not be clothed With sufficient authority the general
laws OF this Commonwealth to cause partition Of said
Real Estate, which shall be binding and conclusive upon
| all parties in interest. sirta 1fl H6.,
Wherefore your petitioner prays that said court of Pro.
bate for the County oil Worcester may be specially
thorzed and empowered 70 appoint commissioners, and
cause partition Of said Real Este be made among said
resiiuary devisees Of the said David Henshaw which
being accepted by said shall be binding upon all
parties that the shares Of said Real Estate which may
be set to0r for che benefit the devisees for e respect
vey may at the decesse Of such deysees life respect
lively go to- and become the property of their respective
children, other person persons the same
as hey wond be entitled to the same under the provisions
| Of said Will, If the to remain undivided
And your petitioner further states that the individuals
interested the matter Of the foregoing petition who are
residents Of ths Commonwealth reside the Counties of
/ Suffolk, Middesex, and Worcester. s c
Boston, Nov. q, 1857. JOSEPH w. WARD.
BEcRETARYs OFFICE, BosToN, "a
Nov. 20, 1857. 4
Thereby approve Of Boston Post Worcester Spy, and
Cambridge Chronicle, suitable papers for the pnblca
tion of the foregoing Petition as required by law n99
\. DEWITT, pae.
u26 d4sTh Secretary of the Commonwealth.