REVOCATION. The act by which a person having authority, calls back or annuls
a power, gift, or benefit, which had been bestowed upon another. For
example, a testator may revoke his testament; a constituent may revoke his
letter of attorney; a grantor may revoke a grant made by him, when he has
reserved the power in the deed.
2. Revocations are expressed or implied. An express revocation of a
will must be as formal as the will itself. 2 Dall. 289; 2 Yeates, R. 170.
But this is not the rule in all the states. See 2 Conn. Rep. 67; 2 Nott &
McCord, Rep. 485; 14 Mass. 208; 1 Harr. & McHenry, R. 409; Cam. & Norw. Rep.
174 2 Marsh. Rep. 17.
3. Implied revocations take place, by marriage and birth of a child, by
the English law. 4 Johns. Ch. R. 506, and the cases there cited by
Chancellor Kent. 1 Wash. Rep. 140; 3 Call, Rep. 341; Cooper's Just. 497, and
the cases there cited. In Pennsylvania, marriage or birth of a child, is a
revocation as to them. 3 Binn. 498. A woman's will is revoked by her
subsequent marriage, if she dies "before her husband. Cruise, Dig. tit. 38,
c. 6, s. 51.
4. An alienation of the estate by the devisor has the same effect of
revoking a will. 1 Roll. Ab. 615. See generally, as to revoking wills,
Lovelass on Wills, oh. 3, p. 177 Fonb. Eq. c. 2, s. 1; Robertson Wills, ch.
2, part 1.
5. Revocation of wills may be effected, 1. By cancellation or
obliteration. 2. By a subsequent testamentary disposition. 3. By an express
revocation contained in a will or codicil, or in any other distinct writing.
4. By the republication of a prior will; by presumptive or implied
revocation. Williams on Wills, 67; 3 Lom. on Ex'rs, 59. Vide Domat, Loix
Civ. liv. 3, t. 1, s. 5.
6. The powers and authority of an attorney or agent may be revoked or
determined by the acts of the principal; by the acts of the attorney or
agent; and by operation of law.
7.-1. By the acts of the principal, which may be express or implied.
An express revocation is made by a direct and formal and public declaration,
or by an informal writing, or by parol. An implied revocation takes place
when such circumstances occur as manifest the intention of the principal to
revoke the authority; such, for example, as the appointment of another agent
or attorney to perform acts which are incompatible with the exercise of the
power formerly given to another; but this presumption arises only when there
is such incompatibility, for if the original agent has a general authority,
and the second only a special power, the revocation will only operate pro
tanto. The performance by the principal himself of the act which he has
authorized to be done by his attorney, is another example; as, if the
authority be to collect a debt, and afterwards the principal receive it
himself.
8.-2. The renunciation of the agency by the attorney will have the
same effect to determine the authority.
9.-3. A revocation of an authority takes place by operation of law.
This may be done in various ways: 1st. When the agency terminates by lapse
of time; as, when it is created to endure for a year, it expires at the end
of that period; or when a letter of attorney is given to transact the
constituent's business during his absence, the power ceases on his return.
Poth. du Mandat, n. 119; Poth. Ob. n. 500.
10.-2d. When a change of condition of the principal takes place so
that he is rendered incapable of performing the act himself, the power he
has delegated to another to do it must cease. Liverm. Ag. 306; 8 Wheat. R,
174. If an unmarried woman give a power of attorney and afterwards marry,
the marriage does, ipso facto, operate as a revocation of the authority; 2
Kent, Com. 645, 3d edit. Story Bailm. Sec. 206; Story, Ag. Sec. 481; 5 East,
R. 206; or if the principal become insane, at least after the establishment
of the insanity by an inquisition. 8 Wheat. R. 174, 201 to 204. When the
principal becomes a bankrupt, his power of attorney in relation to property
or rights of which he was divested by the bankruptcy, is revoked by
operation of law. 2 Kent, Com. 644, 3d edit.; 16 East, R. 382.
11.-3d. The death of the principal will also have the effect of a
revocation of the authority. Co. Litt. 52; Paley, Ag. by Lloyd, 185; 2
Liverm. Ag. 301; Story, Ag. Sec. 488; Story, Bailm. Sec. 203; Bac. Ab.
Authority, E; 2 Kent, Com. 454, 3d edit.; 3 Chit. Com. Law, 223.
12.-4th. When the condition of the agent or attorney has so changed as
to render him incapable to perform his obligation towards the principal.
When a married woman is prohibited by her husband from the exercise of an
authority given to her, it thereby determines. When the agent becomes a
bankrupt, his authority is so far revoked that he cannot receive any money
on account of his principal; 5 B. & Ald. 645, 3d edit.; but for certain
other purposes, the bankruptcy of the agent does not operate as a
revocation. 3 Meriv. 322; Story, Ag. Sec. 486. The insanity of the agent
would render him unfit to act in the business of the agency, and would
determine his authority.
13.-5th. The death of the agent puts an end to the agency. Litt. Sec.
66.
14.-6th. The extinction of the subject-matter of the agency, or of the
principal's power over it, or the complete execution of the trust confided
to the agent, will put an end to and determine the agency.
15. It must be remembered that an authority, coupled with an interest,
cannot be revoked either by the acts of the principal, or by operation of
law. 2 Mason's R. 244, 342; 8 Wheat. R. 170; 1 Pet. R. 1; 2 Esp. R. 565; 10
B. & Cr. 731; Story Ag. Sec. 477, 483.
16. It is true in general, a power ceases with the life of the person
making it; but if the interest or estate passes with the power, and vests in
the person by whom the power is exercised, such person acts in his own name.
The estate being in him, passes from him by a conveyance in his own name.
He is no longer a substitute acting in the name of another, but is the
principal acting in his own name in pursuance of powers which limit the
estate. The legal reason which limits the power to the life of the person
giving it exists no longer, and the rule ceases with the reason on which it
is founded. 8 Wheat. R. 174.
17. The revocation of the agent is a revocation of any substitute he may
have appointed. Poth. Mandat, n. 112; 2 Liverm. Ag. 307; Story, Ag. Sec.
469. But in some cases, as in the case of the master of a ship, his death
does not revoke the power of the mate whom he had appointed; and in some
cases of public appointments, on the death or removal of the principal
officer, the deputies appointed by him are, by express provisions in the
laws, authorized to continue in the performance of their duties.
18. The time when the revocation takes effect must be considered, first,
with regard to the agent, and secondly, as it affects third persons. 1. When
the revocation can be lawfully made, it takes effect, as to the agent, from
the moment it is communicated to him. 2. As to third persons, the revocation
has no effect until it is made known to them; if, therefore, an agent,
knowing of the revocation of his authority, deal with a third person in the
name of his late principal, when such person was ignorant of the revocation,
both the agent and the principal will be bound by his acts. Story, Ag. Sec.
470; 2 Liverm. Ag. 306; 2 Kent, Com. 644, 3d edit.; Paley, Ag. by Lloyd,
108, 570; Story, Bailm. Sec. 208; 5 T. R. 215. A note or bill signed,
accepted or indorsed by a clerk, after his discharge, who had been
authorized to sign, indorse, or accept bills and notes for his principal
while in his employ, will be binding upon the latter, unless notice has been
given of his discharge and the revocation of his authority. 3 Chit. Com.
Law, 197.
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