Disjunctive Term
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
One which is placed between two contrar-*s, by the affirming of one of which the other is taken away. It is usually expressed by the word "or."
See 3 Ves. 450; 7 Ves. 454; 2 Rop. Leg. 290; 1 P. Wms. 433; 2 P. Wms. 283; 2 Cox, Ch. 213; 2 Atk. 643; 3 Atk. 83, 85; 2 Ves. Sr. 67; 2 Strange, 1175; Cro. Eliz. 525; Poll. 645; 1 Bing. 500; 3 Term R. 470; Ayliffe, Pand. 56; 2 Miles (Pa.) 49.
In the civil law, when a legacy is given *» Caius "or" Titius, the word "or" is considered "and," both Caius and Titius are entitled to the legacy in equal parts.
6 Toullier, Dr. Civ. note 704.