The Principles of the Interpretation of Wills And Settlements

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400. As to the extended meaning the phrase may have in a will, as compared with a deed, see Cuthbert v. Robinson, 46 L.T. 57.
A common instance of the application of this rule is in Illustrations the case of grants of land abutting on highways or non- of ^^^ tidal rivers. The rule is that the owner of the land abutting on a highway or non-tidal river is presumed to be owner of the soil of the roadway or the bed of the river to the middle line. When such an owner grants away his H 2 100 PAET III
.... — DESCRIPTION OF PEOPBETT.
Art XIX. land, though there is no reference to the soil of the road Para. ( 1 ). or the bed of the river in the conveyance, and even though the plan on the margin of the deed delineates the land granted as going up only to the side of the road or river, yet the half of the road or bed passes under the grant unless there is something in the deed or in the circumstances to show that this was not intended (^Mickletliwait v. Newlay Bridge Co., 33 Ch. D. 133). The same principle applies where the highway is a street in a town (In re Whitens Charities, Charity Commissioners v.


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