Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-08
MISCELLANEOUS.
NO TIE HONORABLE. THE SENATE, AND TIL

House Of Represent stives Of the Commonwealth Of
MASSACHUSETTS in Legislature assembled
Respectfully represents JOSEPH w. WARD, OF Bos
ton in the County Of suns that he is interested las
Trustee in the Estste Of DAVID HENSHAW, late Of
Leicester, in the County Of Worcester deceased whose
Will approved by the Court Probate for said ooun
~ Of worcesser the fourth day Of January in the
year Of our lord one thousand eight hundred and fy
three that the said David Henshaw in and by his said
Will after making snndrv specific bequests gave and be
Queahed all the remainder his property as in said
wal expressed to be divided equally between his broth
ers, Joshua Henshaw. Andrew HeushsW, Charles Hen
shaw, and John HenshaW, his sisters, Sarah Ward,
and Laura Fletcher and his neiCes Mrs Mary L. Ward,
aud Mrs Laura Whitney me eighth to each.subect to
the conditions hereinafter contained concerning the same,
to wits that the place in Leicester given in article third of
said Will to said John be rated at eight
thousand dollars part Of his portion 10 such DIVISION
that is, part Of his ighth.
That the portion of said Joshua Henshaw properly
invested and held in trust, the income from which to be
paid to him half yearly oener. long ne should
live and at bis decease, If he survive his wife, the
property to be equally divided between his three young
er children. viz: Henry HenshsW, Thomas P. Hen
shaw and Eliza Annie Renshaw. If his wife survive
him. then, at his decsase half the trust property to be
equally divided between said three children and the 9th
er half held trust, and the income paid to her during
her life, and at her decease, said remaining half be
equally divided between her three children last named.
That said Charles Henshaw's portion be properly in
vested, and held in trust tile income to be paid said
Charles during his life and at his deeeass the principal
to be divided equally between all bis children.
That the portion of said John Hensbaw the proceeds
thereof be held in trust by suitable trustees the use,
profits ard income from which to be paid as they accrue
to the said Joans during his life and at his decease the
property to be equally divided between his children.
That SSH Laura Fecher portion be suitably invested
and held in trust the income be paid her yearly
ofener If she decease, leaving child, grandchil
dren heirs of her body then her portion az her death,
TO be equally divided between Joshua HeDshaw, Andrew
Hensha~, Charles Heushaw, John Henshaw, Sarah H.
Ward, Mary L. Ward, aud Laura L, Whitney. If her
daughter, MS Allen survive her then on the ecesse of
Mrs Fletcher, Mrs Allen to have the income, during her
life and the principal go her children at heT de
cease she leave children heirs Of her body; If she leave
none then at her decesse the property divided as
provided for in case rs Fletcher should deoease leaving
no child or grandchildren
That said Mary L. Wards portion be suitably invested
and held in trust the Income to paid to half yearly
oener during her fe and at her decease should she
survive her husband the property be equally divided
among her children II her husband survive her then a
ter her decease the income to be paid him. during his
life and at his decease, the prncpalto be divided equal
ly between his children.
That said Laura b. Whtney's portion be properly in
vested aud held in trust the income paid half year
y or oitener to the said Laura her personal
der during her eand at her decease the principle be
divided equally between her children
And your petitioner further represents that the remain
der of the estate of said David Henshaw bequeathed
and devised as herein before stated consists great
extent OF real estate the description whereof follows,
TO wit:
/ certain piece or parcel Of land in that part of Bos
ton, in said County of Suffolk, called South Boston, on
the eastery side of Old Harbor street. nd facing the
public square, containing ty-seVen hundred and forty.
seven feet less and for further description refer
ence may he had to deed of the premises recorded with
Suffolk Deeds Lib. AT, Folio 1870.
About thirty seven hundred sluare feet of land in
that part of said Boston, called South Boston, on the
northeTy side OF Fourth street between and Streets
and being part OF the land conveyed David Henshaw
by Francis CarTuth, by deed dated June go 1850 and
recorded with Suffolk Deeds Lib. Gil, Folio 1903
g. Three certain lots ofland situate n that part Of said
Boston, called South Boston, on Filth street. containing
eleven thousand and seventy square feet being lots
numbered 200, 297 and 20S pan of the Warren As
ISOLATION Lands by Alexander Wads WORTH dated October
being the same premises conveyed to said David
Henshaw, by deed of John Liey dated November IL,
1850 and recorded IN the Registry Of Deeds for sad
County Of Suffolk, Lib els, Page 49,
A. Three other cert in lots Of land on Sixth street in
that part of said Boston, called South Boston, containing
eleven thousand hundred and DinetyseVen square
feet being lots numbered 2S9 1885, and 200 on plan of
the Warren Association Lands by Alexander WadsWorth
datel, October A. D. $780, the same having been con-
veyed to said David Aenshaw by John Lillcy by deed
last above refereed to.
s. five other certain lots Of land on Seventh street in
that part of said Boston called South Boston containing
nineteen thousand and ninety eight square ee being lots
Numbered 1873, l34 l35, 1856 and lS7 on plan by Alex
der Wadsworih dated March, 1880 and being the same
premises conveyed to the said David Henshaw by deed
Of Jos W. Wa'd dated October Z 1850 and recorded in
Suffolk Registry OF Deeds, Lib. 6I4, Fol- 81.
g. One other certain lot OF land on Eighth street in
that part Of said Boston called South Boston, containing
six Thousand five hundred sixty halt square
feet being lot numbered o. 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 10 upland thirty four thousand three
hundred and ninety six square feet with ats adjoining
being lots numbered 101 102 103 104 105 and IO6 as
on plan of Alexander WadsWortb. dateo Nav 16 1899
being the premises conveyed to said David Hen
shaw by Warren Associations by deed, dated June 10,
lS46 and recorded in Suffolk Registry, Lib 57S Fol 20
s. All the rghte, and interest which the SAID David
Henshaw had, and which belongs to his estate in
and unto certain piece and parcel of fla lying in that
part Of Boston, known South Boston, bounded and de
scrbed point on the northerly
line Of First street. distant hundred aud sixteen feet
from street right angles from said street
thence running westerly on said First street to Boston
nv q inH ftolo
ter mark as far as the Law will allow thence bounding
norhWardy on low water mark measuring aGross on
line parallel with said First now or ato of
the estate OF said David Henshaw, thence turning and
running Southerly 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 outbpdings thereon stand
ing, situate about mile easerly the Academy in
Leicester aforesaid the souhry side of the post road
leading to Worcester and is the land conveyed to
seRe Sargent trustee of Andrew Clark by deed Of Par
ley Holman Jr dated March 20 lS49 and recorded in
the Registry Of Deeds for said County Of Worcester book
ass, page 2l0. --s,-
And your petitioner further represents that trustees
have been duly appointed by the Court of Probate for
said county oil Worcester underline provisions Of said will
IN all cases IN which said Wrequires such appointments
and such trustees have severay given bonds according
to law, and are now acting in such capacity.
That said Real Estate IS now held in common and I'm
divided and that the character and condition thereof
such that it cannot be conveniently, probably. or eco
nomcay managed in its present state and that Justice
and the interests Of the parties demand that partition Of
said Real Estate be made
And that his 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 to partition Of said
Real Estate, which shall be binding and conclusive upon
all parties 10 interest
Wherefore your petitioner prays that said court of Pro.
bate for the County OF WorceIter, may specially au
thorzed and empowered appoint commissioner and
cause partition Of said Real ste be made among said
residuary devisees of the said David Henhaw which
being accepted by said court shall be binding upon all
parties 60 that the shares of said Real Estate which may
be set tor for the benefit the devisees for life respect
Vey may at the decease of such devsees e respect
lively go to- and become the property of their respective
chdren or other persons in the same manner
as they woud be entitled to the same under the provisions
OF said Will If the were to remain undivided.
And your petitioner further states that the individuals
interested in the matter of the foregoing petition
residents Of this Commonwealth reside In the Counties of
suffolk, Middlesex, and Worcester.
Boston, Nov. q, 1857. JOSEPH W. WARD.
bEoRETARY's OFFICE, BosToN,
Nov. 20, 1857. {
hereby approve of Boston Post, Worcester Spy and
Cambridge Chronce, suitable papers for the pu6lca
ton Of the foregoing petition, as required by
n-THV MN