and

A conjunction which, taken by itself, calls for the things or matters conjoined to be considered jointly. 50 Am J1st Stat § 281. A word ordinarily to be interpreted in the copulative, rather than the disjunctive, sense, but which will be interpreted in the disjunctive when necessary to the spirit and intent of the entire contract in which it appears. 17 Am J2d Contr § 283. In the construction of a statute, the word "and" is construed to mean "or," where such construction is required by the context or is necessary to harmonize the provisions of the statute and give effect to all provisions, to save the statute from unconstitutionality, or to effectuate the obvious intention of the legislature. 50 Am J1st Stat § 282. A similar rule prevails in the construction of municipal ordinances. 37 Am J1st Mon Corp § 187. Also, in construing a will, the court will construe "and" as "or" in order to give effect to what appears to have been the clear intent of the testator. 57 Am J1st Wills § 1154. Similarly, the word "and" in a deed will be construed as "or", where the obvious intention so requires. 23 Am J2d Deeds § 218. When, in the listing of persons or things in a statute, the conjunction "and" is placed immediately before the last of the series, the same connective is understood to have been placed, in effect, between the persons or things previously listed in the series. 50 Am J1st Stat § 281. The use of the word "and" or & in joining the surnames of partners in a partnership name without using their initials or Christian names does not create an assumed or fictitious name. 38 Am J1st Name § 24.

Ballentine's law dictionary. . 1998.

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