Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-11-28
MISCELLANEOUS.
W TUE H9NoRABLE. THE SENATE, AND TIE
House Of Representatives IT he Commonwealth on

| 'G'O TIE HONORABLE. THE SENATE. AND THE
ia,luss 81 representatives IT he Commonwealth or
| Aasssehusets IN Legislature assembled =
| respectfully represents JOSEPH ". WARD. of Bos
ton IN the COUNTY Of Suffolk, that he ia ntereste (as
Irusteei IN the Estate Of DAVID FENsHAW late os
leicester, in the County Of Worcester decaassI Wa,
VIII was approved By toe Court Of Probate a. sa5 C
" Of worcester on the fourth day Of January in the
year OF our Lord one thousand eight hundred and af
three that the said David Heashaw In and nv bis
VIII after making snudry specific beouests ,aa M ~
questhed all the remainder OF his p-opgrv a. in ss;d
viii expressed, to be divided equally between bis brob
| eTs, Joshua Henshaw- Andrew Heushaw Charles Hen
shaw and John Henshaw, his sisters, Sarah H Ward
ana Laura Fletcher and his neces Mrs Mary l. Ward
aud Mrs Laura L. Whitney one-eghth to each subsef ia
the conditions hereinafter contained be ss
70 w that the place in Leicester given in article third Of
said win, to ssid John Henshaw should be rated al eib
Thousand dollars part his portion 10 such dvsio
| that's, as part Of his eighth.
That the portion Of said Joshua Henshav be properly
invested AND. he'd In trust the income from which TO he
paid to him half yearly, oftener as long as he ouid
i've and at his decease, if he survive his wife the
property to be equsly divided between his three young
er children, viz; Henry P Henshaw, Thomas P. Hen
shaw, and Eliza Annie p Henshaw. II his wife survive
NM hen 1t his deeease half the trust property to be
equally diYded between said three children the 9TH
er nan ned IN trust and the income paid 10 her during
her life, and at her decease said remaining half 10 be
equally divided between her three children s st named
Lnst sald Charles Henshaw's portion be properly
sste ano hed IN trust, tile income to be paid to said
Charles during his life and at his deceasg be prnal
TO DC divided equally between all bis children.
That the portion of said John Henshaw or the proceeds
thereof De held in trust by suitable trustees the use
profits and income from which to be paid as thew
10 The said john during his m aud at his decease the
properly to be equally divided between his children
That sail Laura Fetcher's PARTON be suitsh invested
and held Ia trust the income be paid her half yearly or
ohener II she dscease leaving child, nor grandchi
cren heirs Of her body then her portion at der death
TO be equally divided between Joshu9 HenshaW Andrev
Hensha~, Charles Henshagy, John Henshaw SARAH n
ward, Mary l.. Ward. and Laura L. Whitney Ii her
9anghsr Nus Allen, survive her then the decease OF
Mrs Fletcher, Mrs Allen to have the income iuring be
NE ano the principal TO go to her children at her dc
cease she leave children heirs Of her body if she leave
nome hen at her deeease the property he divided as
provided for in drs Fletcher should deoeas
no child or grandchildren.
That said Mary L. Wards portion be suita bly Invested
ana hed IN trust the income to be paid to her half
OF oener, during her life and her decease should sbe
survive her husband the property to be equally divided
among her children. II her husband then al
yer her deeease the income to be paid him during his
NE and at his deeease, the principal be divided equal
| ly between his children. -"
That said Laura L. Whtpey's portion be properly in
vested and held in trust the income to be pail haf wear
w. or otener, to the said Lsufa her own personal Or
DER during her eand az her decease the principle to be
0lViced equally between her children.
And your petitioner further represents that the remain
ger Of the estate OF said David Henshaw so
p devised as herein before stated consists great
to wit: ',0s - lS''S"o'
certain piece parcel of land in that part of Bos
tSn ~ saio Vouny OF Suffolk, calei South Boston, on
the sas5ery side OF Old Harbor street nd facing the
public square, containing tyseven hundred and forty
seven feet more or less and for further description refer
r1pd with
! Suffolk Deeds, Lib ATT, Folio $50.
q About thirty seven hundred square feet Of land in
lhet part OF sad Boston, called South Boston, on the
northery side OF Fourth street between and street
and being part Of the land conveyed to David Hensba
Dy Eranels CaEruth by deed dated June 80 1850 And
recorded GH With suffok Deeds Lib GIL, Folio lG3.
O. Three certain lots Of land situate in that part Of said
Boston, called South Boston, on Filth street contanin
eleven thousand and seventy square feet being los
numbered 296 297, and 29S, plan of the Warren AS
ocaon Lands by Alexander Wads WORTH sted October
ADlS49being the same premises convsye IS said David
henshaW, by deed of John Lley, dated November 70
1ooo and recorded in the Registry of Deeds Tor sad
county Of Suffolk, Lib. 6i5 Page 10. :.
Three otner certain lots Of land on Sixth street in
enst part OF said Boston, called South Boston, containing
sseu thousand one hundred ant ninety square
ssI 0elng lots numbered $50 23S and 200 on plan of
the warren Association Lands by Alexander
dalet, October A. D. 1910, the same having heen CON
vFyea . saia David aenshaw by John LiIry by decd
D. five Other certain lots Of land on Seventh street
that part Of said Boston called South Boston, Containing
nineteen thousand and ninety eight square ee beng los
numbered l35 1874 l35, 1856, and let on plan by Aex-
der Wadsworth Hated March, 1850 and being the same
premises conveyed 20 the said David aenshaw by deed
o. JOS ~ Ward dated October q 1850 and recorded In
Sunok registry OF Deeds, Lib GA Fol 81
O. Oas other certain lot Of land on Eiehth street in
t patt o. SAD Eoston called South Boston containing
slA 0aoasan I'VE hundred sixty and half square
fet being lot numbered 81 on plan of Alexander Wa.
| worth, dated May 10, 1882 ~ -
Z SIX other certain lots OF land on the southerly side
OF h8hth street. in that part Of sRd Boston called South
boston containing in upland thirty four thousand three
hundred aud ninety six square feet with rs adienin
oes o0s numbered l0I I02 l0S l04, 105, and lO6 as
on pan OF Alexander Wadswortb, dateu May 49, 1889
being the same premises conveyed to said David Hen
shaw py warren Association, BY deed dated June 10
1896 ana recorded in Suffolk Registry Lib 573 Fol 90
o an vac Ilghtltle and interest," which the said David
Henshaw had and which now belongs to His estate in
anu unto certain piece and parcel of lying in that
part OF Boston, known South Boston, bounded and de
serlbed as MISUNDERSTANDING at point on the nrtpr
line OF First street. distant hundred and sixteen feet
rom street measuring at right angles from said street.
Ihence rnnning westerly said FIRST street to Boston
hhahence by aine parallel with said wharf 10 low wa
ter mark or as far the lay will allow thence bounding
norhwaray on low water mark and measuring across on
ne parallel with said First TO flats now or late Of
the estate OF said David HeDshaw thence turning and
running outhery line parallel with said street to
70 he point OF beginning or however otherwise bounded
y. certain piece of land containing about one acre
with the dwelling house and outbudings thereon stand
ing situate about one mile easerly the Academy in
leicester Aforesaid on the souhry side of the post
eaang TO worcester and is the land conveyed to
Sargent trustee of Andrew Clark by deed Of Par
ley Holman, Jr, dated March 20 1S49 and recorded in
453, page 90.
And your petitioner further represents that trustees
nave been duly appointed by The Court of Probate for
SAID county Of Worcester under the provisions Oh said will
IN all cases IN which said llrequires such appointments
ana such trustees have seversy given bonds according
to law "a and are now acting 10 such capacity.
Ihas sad zeal Estate 10 held in common and IN
divided and that the character and condition thereof il
such that it cannot be conveniently probably OF eco
nomcaly managed in its present state and chat justice
said Real Estate be made $500 =
And that hs advised that the Court Of Probate for
sac 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 Coamonge ath cause partition Of said
Real hstae which shall be binding and conclusive upon
all parties in interest
Wherefore petitioner prays that said court Of Pro.
Date or the OouOty OF Worcester may be specially
tnorzsd and empowered to appoint commssioners and
cause partition Of said Real Este to be made among said
reslauary devisees Of the said David Henshaw, which
peing accepted by said court shall be binding upon all
parties SO tnat tue shares Of said Real Estate which may
pc SCI toar for the benefit Of the devsees for life respect
ey may at the decease Of such devsees for life respect
yey go to- and become the property their respective
children, or other person PERSONS the same manner
the Mond be entitled to the same under the provisions
OF said Will if the same were to remain undivided.
And your petitioner further that the individuals
interested In the matter of the foregoing petition who are
residents Of this Commonwealth reside in the Counties Of
Suffolk Miidlesex, and Worcester.
Boston, Nov. 2l, 1857. JOSEPH W. WARD.
Irn sEoRETARY's OFFICE BosroN,
Nov. %, 1857. s
L nere0y approve Of Boston Post and