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Et Cetera

agreement, words, abbreviation and sufficient

ET CETERA (Lat.). And others ; and other things. See Lathers v. Keogh, 39 Hun (N. Y.) 576; Agate v. Lowenbein, 4 Daly (N. Y.) 62.

The addition of the abbreviation etc. to some minor provisions of an agreement for a lease does not introduce such uncertainty as to prevent a decree for specific perform ance where the material points are clear ; 2 De G. & J. 559 ; but such an agreement "for letting and taking coals, etc.," was too indefinite a statement of the subject-matter Of the agreement to admit of such a decree; 1 De G. M. & G. 80 ; an agreement "to do all the painting, papering, repairing, decorating, etc., during the term of the lease" was not so uncertain as to prevent a specific perform ance; 21 L. J. R. 185.

Under a bequest of "all her household fur niture and effects, plate, linen, china, glass, books, wearing apparel, etc.," it was claim ed that the testatrix had disposed of the general residue of her estate, Put she was held by Romilly, M. R., to be intestate "ex cept as to the articles specified in the will and those which are ejusdem generis;" 26 Beay. 220; and the same judge held the words good-will, etc., in a contract, to include "such other things as are necessarily con nected with and belong to the good-will, . . . for instance, the use of trade-marks," and a covenant not to engage in similar business in Great Britain for a reasonable time to be limited in the conveyance having regard to the nature of such undertakings.

"All these things would be included in the words et ccetera;" 28 L. J. Ch. 212; "all my furniture, etc.," pdssed only property ejus dem and not shares of a waterworks company; L. R. 11 Eq. 363; a bequest to his widow of "all my money, cattle, farm ing implements, etc., she paying" certain sums named to testator's two brothers, was sufficient to make the widow residu ary legatee of real and personal estate, the latter being insufficient to pay debts; Jesse]; M. R., L. R. 4 Ch. Div. 800.

The abbreviation was formerly much used in pleading to avoid the inconveniences attendant upon making full and half de fence. See. DEFENCE. It is not generally to be used in solemn instruments; see Com. v. Ross, 6 S. & R. (Pa.) 427; when used in pleadings to avoid repetition, it usually re fers to things unnecessary to be stated; Da no v. R. Co., 27 Ark. 564.

Where the sense of the abbreviation may be gathered from the preceding words there is sufficient certainty; but where the abbrevi ation cannot be understood and affects a vital part of the contract or instrument the uncertainty will be fatal.

See Hayes v. Wilson, 105 Mass. 21; Gray v. R. Co., 11 Hun (N. Y.) 70; EJITSDEll GENERIS.