Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-07
MISCELLANEOUS.
ITO THE HONORABLE, THE SENATE, AND THg
1 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 Is interested las
TrusteeI in the Estate Of DAVID HENsHAW, late Of
Leicester the County Of Worcester deceased whose
VIII approved By the Court Of Probate for said Coun
ty Of Worcester the fourth day of January, in the
year Of our Lord one thousand eight hundred and fty
three that the said David Benshaw. in and by his said
VIII, after making snndry specific bequess, gave and be
questhed all the remainder Of his property as in said
VIII expressed. be divided equally between his broth
ers, Joshua HenshaW. Andrew Henshaw, Charles Hen
shaw, and John Henshaw, his sisters, Sarah Ward,
and Laura Fletcher and his neiees, Mrs Mary L. Ward
aud Mrs Laura L. Whitney oneeghth to each subject to
the conditions thereinae- contained the same
to wits that the place in Leicester, given in article third Of
said Will to said John HenshsW should be rated at eight
thousand dollars part OF his portion in such division,
that is, 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, oitener long he should
live, ami at bis decease If he survive his wife, the
property be equally divided between his three young
er children, vA: Henry P. Henshaw, Thomas P. Hen
shaw, and Eliza Annie P Henshaw. If his wife survive
him. then. at bis deoeRse half the trust property to be
equally divided between said three children and the 9th
er half held ntrus and the Income paid 70 her during
her life, and at her decease said remaining half to be
equally divided between her three children last named
That said Charles Henshaws portion be properly In.
vested and held trust the income to be paid said
Charles during his life and at his deceass the principal
to be divided equally between all his children
That the portion Of said John Henshaw or the proceeds
thereof be held in rus, by suitable trustees the use
profits asd income from which to be paid they accrue
to the said John, during his life and his decease the
property to he equally divided between his children
That said Laura Fechers portion be suitably invested
and held trust the income be paid her half yearly or
oener. If she decease leaving child, grandcbn
dTen heirs Of her body then hsr portion at her DEATH
to be equally divided between JoshnR Henshaw Andrew
HeushaE, Charles Hensaaw. John Hensbaw, Sarah a.
Ward, Mary L. Ward. and Laura L. Whitney. If her
daughter MIS- Allen survive her then on the eoease of
Mrs Fletcher Mrs Allen have the inoome during her
life and the principal to go to her children at her de
cease she leave children heirs of her body; If she
noRe then at her decease the property be divided as
provided for in crs Fletcher should decease leaving
enid or grandchildren.
That said Mary L. Wards portion be suitably invested
and held in trust the income be paid to her half yearly
oroener during her life and at her decease should she
survive her husband the property to equally divided
among her children Ii her husband survive her then a
ter her decesse the to be paid to him. during his
life and at his decease, the prncpalo be divided equal
~ between his children
That said Laura L. Whitneys portion be properly in
vested aud held in trust the income TO be paid half wear
ly ofener the said Lsura or her own personal or
der during her nd at her ecesse the principle to be
divided equally between her children.
And your petitioner further represents the remain
der Of the estate Of said David Henshaw bsqueahed
and devised as herein before stated, consists great
extent orea estate the description whereofis as follows
to wit:
certain piece or parcel OF land in that mart of Bos
ton i'll said County of Suffolk called South Boston, on
the eastety side of Old Harbor street. nd facing the
public square, containing 6yseYen hundred and forty
seven Feet more or less and for further description refer
ece may he had to deed Of the premises recorded with
Suffolk Deeds, Lib. Az, Folio 1870.
r. 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 being part Of the land conveyed David Hsnshaw
by Francis Carruth by deed dated June 80 1850 and
recorded with Suffolk Deeds, Lib Gil, Folio lbs.
Three certain lots of land situate in that part of said
Boston. called South Boston, on Filth street. containing
eleven thousand and seventy square feet being lots
numbered 296, 297 and 298 on plan of the Warren As
ISOLATION Lands by Alexander WadsWorth dated october
Dls40 being the premises conveyed to said David
Aenshaw, by deed of John Lley, dated November u,
1860, and recorded the Registry of Deeds for said
County Of Suffolk, Lib. 6l5 Page 49,
Three otner certain lots Of land on Sixth street. in
that part OF said Boston, called South Boston, containing
eleven thousand one hundred ninety square
feet, being lots numbered 2S9 49, and 800 on plan of
the Warren Association Lands by Alexander Wadeworth
datef October A. D. 1910, the same having been CON
yeyed to said David Henshaw by John Lilly, by deed
last above refereed to.
Five other certain lots Of land Seventh street in
thai part OF said Boston called South Boston, containing
nineteen thousand and ninety eight square eet being lots
numbered 1873, 1874, 1885, 1856 and let, plan by Alex
der Wadsworth dated March, 1850 and being the same
premises conveyed to the said David Henshaw by deed
o. DOS W. WHd dated October T. 1850 and recorded in
Suholk Registry OF Deeds, Lib 614, Fol. 81.
O. One other certain lot OF land Eighth street. in
hat part OF said Boston called South Boston. containing
SIX thousan1 i've hundred sixty oand half square
feet being lot numbered 91 on plan OF Alexander Wads
worth, dated May 10, 1889. -
Six other certain lots Of land on the southery side
Of Eighth street. in that part Of said Boston called South
Boston, containing in upland thirty four thousand three
hundred aud ninety six square feet with flats attaining
being lots numbered 10I 102 1OS l04 1906 and 1906 as
plan of Alexander Wadswortb, datet Nav I6 1899
being the premises conveyed to said David Hen
shaw by Warren Association, by deed, dated June TO-
1886, and recorded in Suffolk Registry Lib 57S Fol 90
8. Ahe 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
lpArtof Boston, known South Boston, bounded and de
scribed as point on the norherly
ne of First street, distant hundred and sixteen feet
from eehmeasuring ght angles from said street.
thence running westerly said First street to Boston
Whathence by aline parallel with said wharf to low wa
ter mark. as far the Law will allow thence bounding
norhwardly onlow water mark Misunderstanding across on
line parallel with said First 10 fats now or late of
the estate of said David Henshaw thence turning and
running 5outhery line parallel with said street to
to the point Of beginning however otherwise bounded
O. 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 aorsad the souhry side the post road
leading TO Worcester and is tine same land conveyed 10
seRe Sargent trustee Of Andrew Clark by deed of Par
ley Holman, Jr, dated March 20 1879 and recorded 10
The Registry Of Deeds for said County Of Worcester book
453, page 90.
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 seyeraly given bonds according
70 law, and are now acting 10 such capacity.
That said Real Estate is now held in common and un
divided and that the character and condition thereof s
such that 1t cannot be conveniently, probably or eco
noicaly managed in its present state and that justice
and the interests OF the parties demand that partition Of
said Real Estate be made
And thst 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 tn partition OF said
Real Estate which stall be binding and conclusive upon
all parties in interest. fst-H
wherefore your petitioner prays that said of Pro-
bate for the County OF Worceer, may specially au-
thoriEsd and empowered to appoint COMMISSIONER and
cause partition Of said Real Este to be made among said
residu7ry 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 for e respect
Vey may at the deceae Of such devees for he respect
iyey go to- and become the property Of their respective
children, or other person persons the same manner
as they would be entitled the same nnderthe provisions
Of said VIII, if the same were 10 remain undivided.
And your petitioner further states that the individuals
interested Ia the matter Of the foregoing petition who are
residents of this Commonwealth reside in the Counties Of
Suffolk, Middlesex, aud Worcester. 7 ~
\ Boston, Nov. q, 1857. JOSEPH W. WARD.
Nov. %, 1857 8
hereby approve Of Boston Post Worcester Spy, and
Cambridge Chronicle suitable papers for the pubca
tion Of the foregoing petition, as required by law.
+. DEWITT,
u2e d4srh Secretary of the Commonwealth