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![handle is hein.slavery/ssactsengr0821 and id is 1 raw text is: SELBY V. CRYSTAL PALACE GAS COMPANY
is entitled at once to a conveyance of his share, and that share cannot afterwards
be diminished by the subsequent birth of a child.
March 6. THE MASTER OF THE ROLLS [Sir John Romilly]. I have no doubt that
this case is strictly within Mogg v. Mogg (1 Mer. 654), and that all the after-born
children are entitled. The estate must, therefore, be divided into fifteenths between
all the children.
I do not think the trustee ought to have put in the answer which he has filed.
It would have been different if an adverse case had been made against him, and so
far as appears, the proceeding seems to have been an amicable one. He has, never-
theless, put in an answer, stating his motives for accepting the office, and the cor-
[606]-respondence, which can have nothing to do with the point in question. I shall
not make him pay the costs, but I shall not allow him the costs of this answer. In
other respects he must have all his costs, including his charges and expenses properly
incurred.
[606] SELBY V. THE CRYSTAL PALACE DISTRICT GAS COMPANY. March 3, 10, 1862.
[S. C. affirmed on appeal, 4 De G. F. & J. 246; 45 E. R. 1178;
31 L. J. Ch. 595 ; 10 W. R. 636.]
A. and B., the owners of an estate, laid it out for building purposes, and devoted a
portion of it to roads; on a partition of the estate, the soil of the roads was
vested in A., who covenanted that the owners and occupiers of all the land should
have the full use and enjoyment of the roads as if the same were public roads.
Held, that though the roads were not actually dedicated to the public, yet that
a district gas company, upon the requisition of the owners and occupiers, had a
right, under The Gasworks Clauses Act, 1847, to break the soil of the roads to
lay down their mains without the assent of A. and his representatives.
A covenant in a deed, if ambiguous, will be controlled by the recitals.
Mr. Underwood Price and Mr. George Selby became the purchasers of certain
lands in Lewisham, called Ravensbourne Park, with the intention of building villas
and dwelling-houses thereon, and these lands were conveyed to them as tenants in
common in fee. Part of the land was afterwards marked out for roads, and the
parties having, afterwards, determined on a partition of the lands, the following deed
was executed by them.
By an indenture, dated the 10th of March 1830, and made between Mr. Price
of the first part, Mr. Selby of the second part, and Charles Fallowdown of the third
part, reciting that the estate had been purchased by Messrs. Price and Selby, that
they might severally build villas and substantial dwellings thereon, and under an
understanding that proper roads should be made thereon, and for ever thereafter
continued as such roads, only for the accommodation of such villas and dwelling-
houses, and that a part thereof should be laid out and kept as ornamental ground
only; and that [607] such roads and ornamental grounds had since been marked out,
as shewn in the plan in the margin; and also reciting that Messrs. Price and Selby
had agreed vith one James Staley for the sale to him of certain parts of the land
colored red, and that James Staley, and the owners and occupiers for the time
being of the land contracted to be sold to him and of all the dwellings then built
or thereafter to be built upon the same, should, at all times, have a full and complete
right of road and passage over, upon and along all the roads marked out in the
plan, in as absolute and complete mode of enjoyment as if the same were public roads:
the deed then recited an agreement for partition, and that it had been agreed that
all the roads should be conveyed or limited to Mr. Selby, his heirs, appointees and
assigns for ever, and that Mr. Price, and the owners and occupiers for the time being
of the parts and portions of land agreed to be taken by Mr. Price in severalty,
should, at all times thereafter, have a full and complete right of road or passage over,
upon and along all the roads marked out as such, in as absolute and complete mode
R. vii. -33
1025
80 BEAV. 606.](ViewImageLocal?handle=hein.slavery/ssactsengr0821&div=1&collection=&method=preview&ext=.png&size=3)