Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-04
no rHE HONORABLE. THE SENATE. AND TIE


ITO THE HONORABLE, THE SENATE, AND THE
/ House Of Representatives, of the Commonwealth Of
Massachusetts, in Legislature assembled = IL ~
Respectfully represents JOSEPH W. WARD, Of Bos
ton, in the County Of Suulk that he is interested Gas
Trustee) in the Estate of DAVID HENsHAW, late Of
Leicester in the County of Worcester deceased whose
VIII approvedb by the Court Of Probate for said Coun
ty of Worcester the fourth day of January in the
year of our lord thousand eight hundred and fifty.
three that the said David Henshaw. anAby his said
Wi after making snndry specific requests gave and be-
queathed all the remainder Of his property in ssd
VIII expressed to be divided equally between his broth
ers, Joshua Henshaw, Andrew Heushaw, Charles Hen
shaw and John Henshaw, his sisters, Sarah Il Ward,
and Laura Fletcher and his neices Mrs Mary L. Ward
and Mrs Laura L. Whitney one-eghth to each subject to
the conditions hereinafter contained concerning the same
to witt that the place in Leicester given in article third of
said WILL to said John Henshaw should be rated eight
thousand dollars 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
paid to him half yearly oftener. long he should
live and at his decease, if he survive his wife the
property to be equally divided between his three young
err children, viz: Henry p Henshaw Thomas P. Hen
shaw, and Eliza Annie P. Henshaw. If his wife survive
him. them at his deeesse half the trust property to be
equally divided between said three children and the 9th
er half held in trust and the income paid to her during
her life and at her decease said remaining half to be
equally divided between her three children last named
That said Charles Benshaw's portion be properly in
vested and held in trust the income be paid to said
Charles during his e and at his deceass, the principal
to be divided equally between all his children,
That the portion of said John Henshaw the proceeds
thereof be held in trust by suitable trustees the use,
profits and income from which to be paid they accrue,
to the said John, during his life, and at his decease the
property to be equally divided between his children
That said Laura Fetchers portion be suitably invested
and held in trust the income to be paid her half yearly
ofener If she decease, leaving child nor grandch
dren heirs of her body then her portion her desh
TO be equally divided between JoshnR Henshaw, Andrew
Henshaw, Charles Hensbaw, John Henshaw, Sarah H.
Ward, Mary L. Ward. and Laura L. Whitney. II her
daughter MIS- Allen survive her then the decease of
Mrs Fletcher, Mrs Allen have the income during her
life aad the principal to go to her children, at her de
if she leave children heirE of body n she leave
none then her deceas the property to be divided as
provided for Mrs Fletcher should decease leaving
no child or grandchildren.
That said Mary L. Wards portion be suitably invested
and held in trust the income be paid her half yearly
oftener, during her e and her decease should she
survive her husband the property to be equally divided
Pmong her children If her husband survive her. then af
ter her decease the income to be paid him. during his
life and at his decease, the principal be divided equal
ly between his children.
That said Laura L. Whituey's portion be properly in
vested and held trust the income to be paid half year
ly. ofener to the said Laura or her own personal or
DER during her eand at her decease the principle to be
divided equally between her children.
And your petitioner further represents that the remain
der Of the of said David HenshaW so bequeahed
and devised herein before stated consists to great
extent of real estate the description whereofis follows
to wit:
l. certain piece parcel OF land that part of Bos
ton, in said County of Suffolk, called South Boston,
the easterly side Of Old Harbor street. nd facing the
public square, containing fyse hundred aud forty
seven feet more or less and for further description refer
ence may be had to deed of the premises recorded with
Suffolk Deeds, Lib. All, Folio $50.
@ About thirty seven hundred square feet of land in
that part Of said Boston, called South Boston, on the
norherly side OF Fourth street, between and Streets
and bsing part OF the land conveyed to David Hsnshaw
by Francis Caruth, by deed dated June 3d. 1850 and
recorded with Suffolk Deeds, Lib GIL, Folio 1O3.
81 Three certain lots of land situate that part of said
Boston, called South Boston, Fifth street. containing
eleven thousand and seventy square feet being lots
numbered 2as 297, and $685. plan of the Warren AS
ISOLATION Lands by Alexander WadsWor dated October
D1S40 being the premises conveyed to said David
Henshaw by deed of John Liley, dated November II,
1850, and recorded in the Registry of Deeds for said
County Of Suffolk, Lib. GIG, Page 70.
a. Three other certain lots of land Sixth street. in
that part of said Boston, called South Boston, containing
eleven thousand one hundred and nlnetyseven square
feet being lots numbered 2S9 $685. and 800 on plan of
the Warren Association Lands by Alexander WadsWorh
Dated October A. D. $780, the same having been con-
veyed to said David aenshaw by John Lley, by deed
last above refereed to. 5
s. five other certain lots of land Seventh street in
that part of said Boston called Houth Boston, containing
nineteen thousand and ninety eight square feet being lots
numbered 1873, l34, 1885, 1885, and 1877 plan by Alex
der Wadsworth dated March, 1850, and being the
premises conveyed to the said David Henshaw by deed
Of JOS W. Ward dated October Z 1850 and recorded in
Suffolk Registry OF Deeds, Lib. GA, Fol. 81.
8. One other certain lot OF land Eighth street, in
that part of said Boston called South Boston, containing
six THOUSAND Ave hundred sixty two and half square
feet being lot numbered o. plan Of Alexander Wads
worth, dated May 16, 1889.
l. Six other certain lots Of land the southery side
OF EBnn street, IN tnat parh OF said Boston called South
Boston, containing in upland thirty four thousand three
hundred aud ninety six square feet with fats adjoining
being lots numbered 101, 1922 103 104, 105 and 1O6
on plan Of Alexander Wadsworth, dated May 16, 1882
being the premises conveyed to said David Hen
shaw by Warren Associations by deed, dated June 10,
1896 and recorded in Suffolk Registry, Lib 573, Fol 90
s. All the righitle and interest which the said David
HenstaW had and which belongs to his estate in
and unto certain piece and parcel of fats lying that
part Of Boston, known as South Boston, bounded and de
seribed as MISUNDERSTANDING at point the northerly
line of First street, distant two hundred and sixteen feet
from street. measuring at right angles from said street,
thence running westerly said First street to Boston
Wharhenc by line parallel with said wharf to low
ter mark far the Law will allow thence bounding
norEhwarily onow water mark, and measuring on
line parallel with said First flats now lats of
the estate Of said David Henshaw, thence turning and
running gouthery line parallel with said street
to the point beginning however otherwise bounded
Q. certain piece of land containing about one acre
with the dwelling house and outbuldngs thereon stand
ing, situate about mile eastery Of the Academy in
Leicester Aforesaid the southry side Of the post road
leading to Worcester and is the land conveyed
sewe SARGENT trustee Of Andrew Clark by deed Of Par
ley Holman, Jr dated March 20 1849, and recorded in
the Registry Of Deeds for said County Of Worcester book
4b3, page 30. al"f
ana 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 VIII requires such appointments
and such trustees have seyeray given bonds according
/ olaw, and are acting in such capacity.
That said Real Estate is now held in common and un
divided and that the character and condition thereof is
such that cannot be conveniently prohtaby,
nomcay managed in its present state and that Justice
interests Of the parties demand that partition Of
said Real Estate be made
And that BIS advised that the Court Of Probate for
sau Conny o. worcester, having general Jurisdiction in
the settlement Of the estate OF said David Henshaw may
not De clothed With suceien authority underline general
laws Of this Commonwealth to cause partition Of said
Real ksate, which ahal be binding and conclusive upon
all parties 10 interest. ~ =
Wherefore your petitioner prays that said court Of Pro.
bate Tor the County OF Worcester may be specially au
thorized and empowered 70 appoint Commissioners and
partition Of said Real Este to be made anong
resifury degisees q the said David Henshaw, which
being accepted by said court shall be binding unbn ali
parties 80 that the shares Of said Real Estate which
be tor for the benefit Of the devsees for lie resef
lively may at the decease Of such devisees
yey 20 to- and become the property Of their respective
children, other person or peponsin the same, manner
ashley woud be entitled TO the me, under the provsons
Of said Will, II the same were to remain undivided.
And your petitioner further states that the individuals
interested In the matter Of che foregoing petition, who
residents Of this Commonwealth, reside In the Counties of
Suffolk, Middlesex, and Worcester. Nf
Boston, Nav. 21, 1861. JOSEPH W. WARD.
us tH BEoRETARY's OFF1oR, BosToN,
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