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And

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

in written instruments, is frequently construed to mean or, where reason and the intent of the parties require it. Thus, where A. covenanted with B., to renew a lease for years of land to him and to his assigns at such a time, it was held that this should be construed " to him or to his assigns"; so that if B. died before the time, the lease should be made to his assigns, that is, his executors, alone.

Plowd. 284, 289. See 1 Wendel Vs R. 388.

So, m wills, a like construction is frequently adopted to give effect to all the words, and to the intention of the testator.

3 Vesey, Jr. 450. 7 Id. 453.

A similar rule of construing the conjunctive particle in a disjunctive sense, prevailed in the civil law. Si Bpe ita comparatum est, ut conjuncta pro disju Actis accipianiur.

Dig. 50. 16. 63.