Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-12-10
10, 1876!
MISCELLANEOUS.
10 THE HONORABLE. THE sENATE. ANp nee


ITO THE HONORABLE, THE SENATE, AND THE
4 House Of Representatives, of the Commonwealth of
massachusetts, in Legislature assembled -
respectfully represents JOSEPH W. WARD, of Bos
ton, in the County Of Sufnlk, that he is interested s
Trustee) in the Estate Of DAVID HENSHAW, late Of
Leicester in the County of Worcester deceased whose
wiz was approved By the Court of Probate for said Couu
y OF worcester, the fourth day of January the
year Of our Lord thousand eight hundred and fifty
three; that the said David Henshaw in and by his said
VIII after making snudry specific 5equest gave and be-
queathed all the remainder OF his property as in said
VIII expressed to be divided equally between his broth.
ers, Joshua Heushaw, Andrew Heushaw Charles Hen
shaw, and John Henshaw, his sisters Sarah H Ward,
and LAURA Fletcher and his neices, Mrs Mary o. Ward
and Mrs Laura L. Whitney one~eghth to each subject 10
the conditions hereinafter contained concerning same
to wit: that the place Leicester given in article third o
said WILL to said John Hensha 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 from which to be
paid to him half yearly oener as long as he should
hTe and at bis decease, If he survive his wife the
property to be equally divided between his three young
er children, viz; Henry P. Henshaw, Thomas P. Hem
shaw and Eliza Annie P Henshaw. If his wife survive
him. them at his decease half the trust property to be
equally divided between said three children and the 9TH
er haI held in trust and the income paid 10 her during
her fe and at her decease said remaining half To he
equally divided between her three children named.
mat said Charles Henshaw's portion be properly IN.
vested, and held in trust the income to be paid to said
Charles during his life and at his decesse the principal
to be divided equally between all his children
Thathe portion of said John Henshaw or the proceeds
thereof be held in trust by suitable trustees, the use
profits and income from which to be paid they accrue
70 the said john during his life and at bis decease the
property to be equally divided between his children
That said Laura Eletcher's portion suitably invested
and held in trust the income be paid half yearly or
onener If she decease leaving child, grandchil
dren, heirs Of her body then her portion her DEATH
to be equally divided between Joshus Henshaw Andrew
Henshaw, Charles Henshaw. John Henshaw, Sarah II.
Ward, Mary l.. Ward and Laura L. Whitney. If her
daughter, MIS- Allen, survive her then the decease Of
Mrs. Fletcher, Mrs Allen have the income during her
life and the principal to 60 to her children at her de
cease if she leave children hes of her body IL she leave
nome then at her deceas the property to be divided as
provided for in Mrs Fletcher should decease leaving
no child or grandchildren af
That said Mary L. Wards portion be suitably invested
and held in trust the income to paid her half yearly
ofener during her life and her decease should she
survive her husband the property be equally divided
among her children II her husband survive her then s
ter her decease the income be paid to him during his
HE and at his deeease, the princpalo be divided equal
ly between his children.
That said Laura L. Whitpeys portion be properly in
vested and hedn trust the income be paid hair year
ly or oener to the said Laura, her own personal or
der during her eand at her decease the principet
divlted equally between her children. .Ha1
And petitioner further represents that the remain
der of the estate of said David Henshsw so bsqueahed
and devised as herein before stated consists to great
extent of real estate the description whereofi follows
to wit: 80
certain piece parcel OF land in that part of Bos
ton ia said County Of Suffolk Gale South Boston,
the eastery SIDE Of Old Harbor street, nd facing the
public square, containing fifty hundred and forty
eet less and for further description refer
encs may be had to deed Of the premises recorded with
| SuhO'k Deeds Lib. All, Folio $50.
About thirty seven hundred square feet of land in
that part of said Boston, called South Boston, the
notherly side OF Fourth street, between and Streets
ana osng part OF the land conveyed to David Henshaw
! by Fraucs Oaruth by deed dated June 80 1850 and
recorded With Suffolk Deeds, Lib Gil, Folio 1G3.
g. Three certain lots land situate in that part of said
Boston, called South Boston, Fifth street, containing
eleven thousand square feet being lots
numbered 2so ISL and 29s, on plan of the Warren AS
ISOLATION Lands by Alexander WadsWorh dated October
AD1s4O being the premises conveyed said David
Henshaw, by deed of John Llley, dated November 12
1850 and recorded in the Registry of Deeds for said
County OF Suffolk, Lib. 6l5, Page 70.
Three Otner certain lots Of land Sixth street.
that part of said Boston, called South Boston, containing
eleven thousand one hundred and ninety square
feet being lots numbered 2S9, $685. and 200 plan of
the Warren Association Lands by Alexander Wadsworth
dated, October A. D. 1840 the same having been con-
veyed to said David Henshaw by John Liey, by deed
| last above referreedto.
O. Five other certain lots of land Seventh street in
tnatpart of said Boston called Houth Boston, containing
nineteen thousand and ninety eight square being lots
numbered l3S, S4 1885, 1855, and lei, plan by Alex
der WadswoTth Hated March, 1850 and being the
premises eonveyed to the said David Henshaw by deed
OF Jos w Ward dated October Z, 1850 and recorded in
| Suffolk Registry OF Deeds, Lib. 614 Fol- 81
g. One other certain lot o. land on Eighth street. in
that part of said Boston called South Boston, containing
six THOUSAND Ave hundred sixty two and half square
feet being lot numbered 81 plan of Alexander Wads
| worth, dated May 16, 1889. -li tI #H lai
T. Six other certain Of land on the southery side
OF Sad Boston called south
Boston containing in upland thirty four thousand three
hundred and ninety six square feet with fats adjoining
being lots numbered l0l 102 1O3 lO4 105, and 1906
plan of Alexander WadsTortb, da teo Nav 49, 1899
being the same premises conveyed to said David Hen
shaw by Warren Associations by deed, dated June TO-
1885, and recorded in Suffolk Registry Lib 573 Fol 90
s. All the rghttte, and interest which the said David
HenshaE had, aud which belongs to his estate, in
and unto certain piece and parcel of fas lying in that
part of Boston, known South Boston, bounded de
scrbed as MISUNDERSTANDING point on the norlherly
/ OF distant hundred
from measuring right angles from said street,
thence running westerly said First street to Boston
Wharf thence by aline parallel with said wharf to low wa
ter mark as far the Law will allow thence bounding
northwardy low water mark and measuring across on
line parallel with said First TO fats now or als of
the estate OF said David Henshaw, thence turning and
running souhery 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 outbuildngs thereon stand
ing, situate about mile eastery the Academy in
Leicester Aforesaid the southTy side Of the post road
leading to Worcester, and is the land conveyed to
seWel Sargent trustee of Andrew Clark by deed Of Par
ley holman, Jr dated March 70 lS49, and recorded in
the Registry Of Deeds for said County of Worcester book
| ass, page 2l0. 81 71f $500
And petitioner further represents that trustees
have been duly appointed by the Court Of Probate for
said county Of Worcester under the provisions said will
in all cases in Whichgaid Wrequres such appointments,
and such trustees have seyeray given bonds according
| to law, and are now acting in such capacity.
That said Real Estate is now held in and un
divided and that the character and condition thereof is
such that it cannot be conveniently, probably,
nomicay managed in its present state and that justice
and the interests of the parties demand that partition
| 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 David Henshaw, sy
not be clothed wish sufficient authority the general
laws OF this Commonwealth to 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 Coupy Of Worcester may be specially
thorized and empowered to appoint commissioners and
cause partition Of said Real Estre be made among said
| resiuary devisees Of the said David Hsnshaw, which
being accepted by said shall be binding upon all
parties that the shares of said Real Estate which
be set tor for tebenet Of the devsees for e respect
Vey at the deeease Of such devisees for he respect
lively to- and become the property of their respective
children or other person persons in the same,
they wond be entitled to the same, under the provisions
| Of said Will if the to remain undivided.
And your petitioner further states that Oh individuals
interested in the matter of the foregoing petition who are
residents Of this Commonwealth reside in the Counties Of
| Suffolk, Miidesex, and Worcester.
Boston, Nov. 81, 1851. sa JOSEPH W. WARD.
| BEcRETARY's OFFICE, BosToN,
/ IgHiFaa Nov %, 1857, s
hereby approve Of boston Post Worcester Spy and
Cambridge Ohrouicle suitable papers 70. the publea
| ton OF the foregoing petition, as required BY law.