Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-25

- VIII let part Of my Store in Ciark's Block. Posses
sion given about the first of January.
dec25 t4s HENRY @. CLARK, Agent.
FTlo THE HONORABLE, THE SENATE, AND THE
House OF Representatives, of 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
Trustee> in the Estate Of DAVID HENSHAW late If
Leicester in the County of Worcester deceased whose
Will was approved by the Court of Probate for said Coun
ty of Worcester on the fourth day of January in the
year of our Lord one thousand eight hundred and fifty
three; that the said David Henshaw, in and by his said
WILL after making snndFy specific bequests gave and be.
queahed all the remainder Of his property as in said
VIII expressed, to be divided equally between his broth
ers, Joshua Henshaw, Andrew Henshaw Charles Hen
shaw, snd John Henshaw, his sisters, Sarah H Ward
and Laura Fletcher. and his neices, Mrs Mary L. Ward
and Mrs Laura L. Whitney eighth to each subiect to
the conditions hereinafter contained tn same
to witt that the place in Leicester given in article third Of
said VIII to said John Hershaw, should be rated eight
thousand dollars, part Of his portion in such division
that is, as part of his eighth
That the portion Of raid Joshua Eenshaw be properly
invested and held in trust the income from which to be
paid TO him half yearly oltener long as he should
live, and at his decesse, if he survive his wife the
property be equally divided between his three Young
er children, We: Henry P Henshaw, Thomas P. Hem
shaw, and Eliza Annie p Henshaw. If his wife survive
him. then, at his deceese half the trust property to be
equally divided between said three children and the 9th
er half held in trust and the income paid 10 her during
her life, and at her decease said remaining half to be
equally divided between her three children last named
mat sad Charles Henshaw's portion be properly in
Hst ana he1 IN trust, the Income to be paid TO said
Charles during his life and at his decease 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 as they accrue
to the said Johns during his life and at his decease the
property to be equally divided between his children.
Ihat said Laura Flechers portion be suitably invested
and held III trust the income to be paid half yearly or
oener, II she deceage leaving no child nor grandchil
dren heirs OF her body then her portion at her DEATH
TO be equally divided between Joshua HenshaT, Andrew
Henshsw, Charles Henshaw, John Henshaw, Sarah a.
Ward, Mary L. Ward and Laura L. Whitney. If her
daughter Mrs Allen survive her. then the decease Of
Mrs Fletcher, Mrs Allen to have the income during her
life and the principal to go to her Children at her de
cease il Ehe leave children heirs of her body if she leave
none then at her deceas the property TO be divided IS
provided for in case Ers Fletcher should dcease leaving
no child or grandchildren
That said Mary L. Wards portion be suitably invested
and held in trust the Income to be paid her half yearly
ofener during her e and at her decease should she
survive her husband the property to be equally DIVIDED
among her children II her husband survive her then a
ter her decease, the income to be paid to him during his
NE and at his decease, the Prncpalo be divided equal
ly between his children.
That said Laura L. whltueys portion be properly in
vested and held in trust, the income paid half year
y or oener to the said Laura, her personal or
der during her and at her decease the principle to be
divided equally between her children.
And your petitioner further represents that the remain.
der CT the estate of said David Henshaw so beuueshed
aud devised herein before stated consists to great
extent OF real estate the description whereof follows
TO wit:
certain piece parcel Of land in that part of Bos
ton, in said County Of Suffolk, called South Boston, on
the easterly side OF Old Harbor street. nd facing the
public square, containing ty-seven hundred and 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. AIT, Folio $50.
2 About thirty seven hundred square feet of land In
that part Of said Boston, called South Boston, on the
northery side OF Fourth street. between and Streets
and bsng part OF the land conveyed to David Henshaw
by Francis Caruth, by deed dated June 80 1850 and
recorded with Suffolk Deeds, Lib. GIL, Folio los.
B. Three certain lots oland situate in that part of said
ROatnn an ctraoE
eleven thousand and evenyseven square feet being lots
numbered 1885, 297 and 29S plan of the Warren AS.
ISOLATION Lands by Alexander WadsWorh dated October
the same premises conveyed to said David
Henshaw, by deed of John Lley, dated November 70,
1850 and recorded in the Registry of Deeds for said
County Of Suffolk, Lib. 6l5, Page 20.
Three other oertsin lots of land on Sixth street. in
that part of said Boston, called South Boston, containing
eleven thousSd one hundred and ninety square
feet being lots Numbered $780, 1885, and 200 on plan of
the Warren Association Lands by Alexander Wadsworth
dated, October A. D. $780, the having been con-
veyed to said David Henshaw by John LiIley by deed
s. Five other certain lots of land on Seventh street in
that of said Boston called South Boston, containing
nineteen thousand and ninety eight square feet being lots
numbered 1873, 1884, 1875, 1885, 1911 on plan by Alex
der Wadsworth dated March, 1850 and being the same
premises conveyed to the said David Henshaw bv deed
OF Jos W. Ward dated October 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 i've hundred sixty two and half square
feet being lot numbered o. on plan Of Alexander Wads
worth, dated May 16, 1889.
T. 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 adjoining
being lots numbered 10l l02, 103 104 105, and 1906
on plan Of Alexander Wadsworth, dateo May is, 1882
being the premises conveyed to said David Hen
shaw by Warren Association, by deed dated June 10,
1S46, and recorded in Suffolk Registry Lib. 573 Fol 20
g. All the right title and interest which the said David
Henshaw had, and which now belongs to his estste In
and unto certain piece and parcel Of fats lying in that
part Of Boston, known as South Boston, bounded and de
scribed as oows;- Beginning at point the uorhery
line Of First street. distant two hundred and sixteen feet
from streeneasurng at right angles from said street,
thence running westerly on said First street to Boston
Wharf thence by line parallel with said wharf low wa
ter mark. as far as the lay will allow thence bounding
norlhwardly now water mark and measuring
line parallel with said First street to flats now or ao Of
the estate OF said David HeDahaw, thence turning and
running bouthery on line parallel with said street
TO the point Of beginning however otherwise bounded
0. certain piece Of land containing about one acre
with the dwelling house and oubudlngs thereon stand
ing, situate about mile eastery Of the Academy in
Leicester aforesaid the souhry side Of the post
leading to Worcester and Is the land conveyed TO
seael Sargent trustee Of Andrew Clark by deed Of Par
leg Holman Jr dated March 20 l849, and recorded 10
the Registry Of Deeds for said County Of Worcester book
453, page 2l0.
Aud your petitioner further represents that trustees
have been duly appointed by the Court Of Probate
SAID county Of Worcester underline provisions Of said will
IN all cases In which said Wlrequres such appointments,
ana such trustees have seyealy given bonds according
70 law, ana are now acting In such capacity. .H
rhat SAID heal Estate is now held In common and un
divided and that the character and condition thereof Is
such that Il cannot be conveniently probably eco
nonlcay 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 hs is advised that the Court OF Probate for
sad County Of Worcester, having generaI nrsdcon In
the settlement Of the estate OF said David Henshaw may
not be clothed with sufficient authority under the general
laws thb Commonwealth to cause partition Of said
Real hstae which shall be binding and concusiye uuoD
all parties 10 interest.
Wherefore your petitioner prays that said court of Pro-
bate the County Of Worceter, may be specially at
thorized and empowered 70 appoint commissioner and
cause partition Of said Real Estite be made among aad
resttusry devsees Of the said David Henshaw vhich
being accepted by said court shall be binding upon an
pares that the shares Of said Real Estate which NAV
be tor for ebcugft Of the devisees for e respect
lively may at the decease OF such devsees for life respect
vey 40 to- and become the property Of their respective
children or other person persons,u the same manner
We lney wond be entitled 10 the same under the provisions
Of said WILL If the same wert 10 remain undivided.
And your petitioner further sates that the individuals
Interested IN the matter OF che foregoing petition, who
residents Of this Commonwealth reside In the Counties Of
Suffolk, MlidlegeI, and Worcester.
Boston, Nov. q, 1867. JOSEPH W. WARD.
sEgRETARY's OFFICE BosroN,
lr