Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-05
MISCELLANEOUS.
no THIS HoNoRABLe, THE SENATE, AND THE

MlDOLl1IAh IUODa
FIpo Tbs H0NoRABLE. THE SENATE, AND THE
j House Of Representatives, 81 the Commonwealth Of
Massachusetts, in Legislature assembled -
Respectfully represents JOSEPH W. WARD, of Bos
ton IN the County Of Suffolk, that he il interested las
Trustee, in the Estate of DAVID HENSHAW late Of
Leicester in The County Of Worcester deceased whose
wiz approved by the Court of Probate for said Coun
ty Of Worcester, the fourth day Of January in the
year If our Told thousand eight hundred and fifty.
three that TIE said David Henshaw. BY his said
viii, after making snndrv specific requests gave and be
ques1hed all the remainder OF lis property in ssid
Will expressed to be divided equally between his broth
sFs, Joshua Henshsw. Andrew Henshsw, Charles Hen
shaw, snd John HenshaE, his sisters, Sarah II Ward,
and Laura Fletcher. and his neices Mrs Mary L. Ward,
and Mrs Laura L. Whitney aneeghh to each subject to
the conditions hereinafter contained concerning the same
to wis that the place in leicester given in article third Of
SAID i to said John HeDshaw should be rated at eight
thousand dollars part his portion in such division,
thst Il, as part Of his eighth
That the portion OF Faid Joshua HenshaW be properly
invested and held in fru the Income from which to be
paid to him half yearly, oItener. long he should
live. and bis decsase, If he survive bis wife, the
proertv 10 be equally divided between his three young
er children viz: Henry P. HenshaE. Thomas P. Hen
shaw and Eliza Annie P. Henshag. If his wife survive
him. then at his decesse hair the trust property be
equsV divided between said tbree children and the oth
er half held trnst and the income paid To her during
her life, and AZ her decesse, said remaias half to be
equally divided between hsr three Children last usmeG.
That said Charles HeHs,av's portion be properly in
vested, and held IN trust the income be paid ssd
Charles during his life, ard at his decess the principal
That the portion of said john Henshsw the proceeds
thereof be held in trust nv suibe trustees, the use,
proats income from which he paid they accrue
the said John. during his life his dece7se, the
property to be equally divided between his children.
That salt Laura FetcheS portion be suitably invested
aud held trust the paid her half yearly or
oheRer. II she decease, leaving child, grandch
drer heirs Of her body, then hsr portion her DEATH
to be equally divided between Joshna Henshaw, Andrew
Hershaw, Charles Hensbaw, John Henshaw, sarah H.
Ward, Mary L. Ward, aud Laura Whitney. II her
daughter MIS-. Allen survive her hen the decease of
Mrs Fletcher Mrs Alien have the income during her
lite and the principal to 20 to her children at her de
cease she leave children, heirs Of her budy she leave
none then her deceas the property to he divided as
provided for in Mrs Fletcher should decease leaving
no enid or grandchildren.
Tbs said Mary L. Wards portion be suitably invested
and held in trust the income be paid to her half
oener during her fe and at her decease should she
survive her husband the property equally divided
among her children. II her husband survive her then a
ter her decease the income be paid him. during his
life and at his decssse the principato be divided equal
Iy between his children.
That said Laura L. Whitneys portion be properly in
vested and heldin trust the income paid half year
~ or oener to the said Laura, her personal
der during her snd at her decease the principle be
divided equally between her children.
And petitioner further represents that the remain
der Of the estate Of said David Henshsw bequeahed
and devised herein before stated, consists to great
extent of real estate the description whereofs follows
10 wit:
certain piece parcel of land in that part Of Bos
ton, in said County Of Suffolk, called South Boston,
the easery side Of Old Harbor street. nd facing the
public square, containing tyseven hundred and forty
seven feet more or ess and for further description refer
may he had 10 deed of the premises recorded with
Suffolk Deeds, Lib. AIT, Folio 1870.
About thirty seven hundred square feet OF land in
that part Of said Boston, called South Boston, on the
norheTly side OF Fourth street. between and Streets
and bsng part OF the land convey David Hsnshaw
by Frauois Caruth by deed dated June 80 1850 and
recorded with Suffolk Deeds, Lib. GIL, Folio 1913
g. Three certain lots Of land situate that part of said
Boston, called South Boston, on Fifth street containing
eleven thousand and seventy square feet being lots
numbered 2s6 29I and 29S plan Of the Warren As
ISOLATION Lands BY Alexander Wads worth lated October
Apls4O being the premises conveyed to said David
Henshaw, by deed Of John Liiey, dated November l2
1850, and recorded in the Registry Deeds for SAID
County Of Suffolk, Lib Clio, Page 70.
Three otner certin lots Of land on Sixth street In
that part Of said Boston, called South Boston, containing
eleven thousand one hundred and nnety-seven square
feet being lots numbered $780, 2S6, and 300. plan of
The Warren Association Lands by Alexander Wadsworth
datei October A. D. 1870, the same having been con-
veyed to said David Henshsw BY John Lilly, by deed
last above refereed to.
g. five other certain lots of land on Seventh street in
thai part Of said Boston called South Boston, containing
nineteen Thousand and ninety eight square eet being
numbered l5S, Sa l35 1876, and l27 plan by Alex
der Wordsworth dated March, 1850 and being the same
premises conveyed to the said David Henshaw by deed
Of Jos W Ward dated October 4 1850 and recorded in
Suffolk Registry OF Desds, Lib 614, Fol. 81.
g. 0ne other certain lot OF Land on Eighth street. in
that part Of said Boston called South Boston containing
six THOUSAND I've hundred sixty two and half square
feet being lot numbered Oh on plan of Alexander Wads
worth, dated May 16. 1889.
q Six other certain lots lana on the southeriy side
Of Eighth street. in that part of said Boston called South
Boston containing in upland thirty thousand three
hundred and ninety six square feet with adjoining
being lots numbered 101 102 l03 lO4 lO5 and IO6 as
on plan OF Alexander Wadsworth oateu May 49, 1889,
being the same premises conveyed to said David Hen
shaw by Warren Associations By deed, dated June 10,
lS46 and recorded in Suffolk Registry Lib 573 Fol TO-
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 as lying in that
part Of Boston, known as South Boston, bounded and de
scrped as notwithstanding at point the noriherly
line 81 First street, distant two hundred and sixteen feet
from streekmeasurng at right angles from said street.
thence running westerly said Fist street to Boston
Wharfthence by line parallel with said wharf to low
ter mark or as far as the Law will allow thence bounding
noahwardly onlow water mark and measuring across on
line parallel with said First street 70 fats now or ata of
the estate Of said David Henshaw thence turning and
running souhery line parallel with said street to
to the point of beginning however otherwise bounded
g. certain piece Of land containing about one acre
with the dwelling house and outbudiDgs thereon stand
ing situate about one mile easterly of the Academy in
Leicester aforesaid the southry side the post road
leading to Worcester, and is the land conveyed
seSe Sargent trustee of Andrew Clark by deed Of Par
ley Holman, Jr dated March 20 IS49 and recorded 10
tne Registry Of Deeds for said County Of Worcester book
463, page 30
And your petitioner further represents that trustees
have been duly appointed by The Court of Probate for
said county Of Worcester under the provisions said will
all In which said Wl requires such appointments
and such trustees have seYeray given bonds according
to law and are now acting in such capacity.
That said Real Estate is held in common and un
divided and that the character and condition thereof
such that i cannot be conveniently, probably or eco
nomicay managed in its present state and that justice
and the interests Of the parties demand that partition
said Real Estate be made.
And that his is advised that the Court Of Probate for
said County Of Worcester having general Jurisdiction
the settlement Of the estate of said David Henshaw may
not be clothed with sufficient authority under the general
laws Of this Commonwealth tn partition of said
Real kstae which shall be binding and conclusive upon
all parties ia interest. or
Wherefore your petitioner prays that said court Of Pro-
bate FOR the County OF Worcester may be specially
h ICED and empowered appoint commissioners, and
partition Of said Real EstIte be among said
resduary 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
be set to,r Tor the benefit Of the deEsees for e respect
Rey may at the decease of such devisees for respect
lively and become the property of their respective
children or other person in the same,
they would be entitled to the same under the provisions
Of said Will, If the same were to remain undivided.
And your petitioner further states that the individuals
interested ia the matter of the foregoing petition who
residents OF this Commonwealth reside In the Counties Of
Suffolk, Middesex, and Worcester.
Boston, Nov. 81 1851. JOSEPH W. WARD.
bEcRETARY's OFFICE, BosToE,
Nov. %, 1857.
hereby approve Of Boston Post, Worcester Spy and
Cambridge Chronicle, suitable papers for the publca
ton Of the foregoing petition, as required by law.