Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-02
WEDNESDAY MORNING, DECEMBER
MISCELLANEOUS.
ITO THE HONORABLE, THE SENATE, AND THE
i HOUSE Of REPRESENTATIVES,. Of the Commonwealth Of

ITO 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 of
Leicester in 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 thousand eight hundred and City,
three that the said David Henshaw. in and by his said
viii, after making snndry specific requests gave and be-
queathed all the remainder OF his property, in said
VIII expressed to be divided equally between his broth
ers, Joshua Henshsw, Andrew Heushsw Charles Hen
shaw, and John Henshaw, his sisters, Sarah Ward,
and Laura Fletcher. and his neces Mrs Mary D. Ward,
and Mrs. Laura L. Whitney oneeghth to each subject to
the conditions hereinafter contained concerning the same,
to Wit that the place in Leicester given in article third Of
said Will said John Henshaw should be rated at eight
thousand dollars, part Of his portion in such division,
that is, as part of his eighth.
That tue portion Of Joshua Henshaw be properly
invested and held in trust the income from which to be
paid to him half yearly, long he should
live, and at his decease il he survive his wife, the
property to be equally divided between his three young
| er children Wis Henry P. Henshaw Thomas P. Hen
shaw, and Eliza Annie P Benshaw. If bis wife survive
him. them at his decease half the trust property to be
equally divided between said three children aud the 9TH
err half held intrus and the income paid TO her during
her life, and at her decease said remaining half to be
equally divided between hfr three children last named.
That said Charles Henshaw's portion be properly in.
vested and held in trust tile income to be paid to said
Charles during his life and at his deceass the principal
| to be divided equally between all his children.
Thatthe portion of said John Henshaw, the proceeds
LneFeO DC ned IN tfuS Dy SultaDle trustees use,
profits ard income from which to be paid they accrue
to the said John, during his m and his decease the
property to be equay divided between his children.
That said Laura Fetcher portion be suitably invested
and held in trust the income to be paid her half yearly
ofener If she decease leaving child, grandchil
dren heirs of her body then her portion at her DEATH
to be equally divided between Joshua Henshaw Andrew
! Henshaw Charles aensbaw, John Henshaw, Sarah H.
| Ward, Mary L.. Ward, and Laura l. Whitney. II her
daughter MIS- Allen, survive her hen the decesse of
Mrs. Fletcher Mrs Allen have the income, during her
life and the principal go her children, heT
cease she leave children heirs of her budy she
none then at her decease the property to be divided
provided for in case Mrs Fletcher should decese leaving
| no child or grandchildren. tt
That said Mary L. Wards portion be suitably invested
and held in trust the income to be paid her huff yearly
oener, during her ie and at her decease should she
survive her husband the property to be equally divided
among her children If her husband survive her. then af
ter her decease the income be paid him. during his
Ae, and at his decase, the principal be divided equal
| Wy between his children.
That said Laura Il. Whtney's portion he properly in
vested and held in trust the income to be paid baf
y or ottener to the said Laura her personal
der during her and her decease the principle to be
| divided equally between her children.
And your petitioner further represents that the remain
der of the estate of said David Henshaw bsquea he'd
and devised herein before stated, consists great
extent OF real estate the description whereof as follows
| TO wit:
certain piece parcel of land in 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 htyseven hundred and forty
seven feet more OF less and for further description refer
may be had to deed of the premises recorded with
| Suffolk Deeds, Lib. Az Folio $50.
q About thirty hundred square feet of land in
that of said Boston, called South Boston, on the
norherly side OF Fourth street. between and Streets
and being part of the land conveyed David uenshaw
by Francis Carruth by deed dated June 3d. 1850 and
recorded with Suffolk Deeds, Lib. GIL, Folio 163.
g. 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 29o 297, and 29S on plan of the Warren As
ISOLATION Lands by Alexander WadsWorth dated October
being the same premises conveyed to said David
Henshaw, by deed of John Liey, dated November II,
1850, and recorded in the Registry of Deeds for said
| County of Suffolk, Lib 6l5, Page 49,
A. Three other certain lots Of land Sixth street.
that part of said Boston, called South Boston, containing
eleven thousand hundred aud ninety square
feet being lots numbered 299, 2SS and 29O plan of
the Warren Association Lands by Alexander Wadsworth
dateh October A. D. 1910, the same having been con-
veyed to said David Henshaw by John Linsy 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, 1874 1885, 1885, and 1871, plan by Alex
der Wadsworth Hated March, 1850 and being the
premises conveyed to the said David Henshaw by deed
Of Jos w Wa'd dated October q 1885, recorded
Suffolk Registry OF Deeds, Lib. GA, Fol. 81.
6. One other certain lot OF lana on Eighth street. in
that part of said Boston called South Boston, containing
six thousan4 Ave hundred sky and a half square
feet being lot numbered 81, plan of Alexander Wads
worth, dated May 49, 1889.
T. Six other certain lots Of laud on the southery side
Of Eighth street. in that part Of said Boston called South
Boston containing in upland thirty four thousand three
hundred and ninety six square feet with fats adjoining
being lots numbered l0l 1922 l03, 104 105 and 106
plan Of Alexander Wadsworth dateu Nav l6, 1880.
being the same premises conveyed to said David hen
shaw by Warren Association, by deed, dated June TO-
1916, and recorded in Suffolk Registry Lib 57S Fol 20.
8. All the rghtttle and interest which the said David
Henshaw had and which belongs to his estate, in
and unto certain piece and parcel Of flats lying that
part of Boston, known South Boston, bounded and de
scrbed as fooWs:-Begnnnga at point the northerly
line of First street. distant hundred and sixteen feet
from street. measuring az right angles from said street.
thence running westerly said First street to Boston
with whar FtoIo
ter mark or as far as the Law will allow, thence bounding
northwardly on low water mark, and measuring across
line parallel with said First flats now or ats
the estate OF said David Henshaw, thence turning and
running Routhery line parallel with said to
to the point of beginning however otherwise bounded
g. certain piece of land containing about acre
with the dwelling house and Oubuidings thereon stand
ing situate about mile easerly 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 lS49 and recorded in
the Registry Of Deeds for said County OF Worcester book
453, page 2l0.
And your petitioner further represents that trustees
have been duly appointed by the Court of Probate for
SAID county OF Worcester underline provisions oil said will
in all cases in which said lrequires such appointments
and such trustees have severay given bonds according
to law, and acting in such capacity.
That said Real Estate is held in common and un
divided, and that the character and condition thereof is
such that it cannot be conveniently, prohtaby,
nomicay 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 is advised that the Court OF Probate for
said County Of Worcester having general Jurisdiction in
the settlement of the estate of sed David Henshaw,
not be clothed with sufficient authority under the general
laws Of this Commonwealth tn partition of said
Real Estate which shall be binding and conclusive upon
all parties in interest.
Wherefore your petitioner prays that said court Of Pro-
bate for the County OF WorceIter, may be specially
thorzed and empowered to appoint commissioners, and
partition of said Real Este be made among said
residuary devsees of the said David Henshaw, which
being accepted by said shall be binding upon all
partes that the shares Of said Real Estate which may
be set toor for the benefit Of the deysees for life respect
ively may at the decease Of such deYsee for life respect
lively TO- and become the property Of their respective
children, other person PERSONS the same
they wonld be entitled the same underline provisions
Of said viii, ii the same to remain undivided.
And your petitioner further states that the individuals
interested in the matter of the foregoing petition who
residents of this Commonwealth reside in the Counties Of
| Suffolk, Middlesex and Worcester.
Boston, Nov. q, 1867. JOSEPH W. WARD.
SECRETARYs OFFICE, BosToN,
Nov %, 1867. :
&c