| 词汇 | Revocation |
| 释义 | `1`Revocation `2` "Legal Lexicon": REVOCATION - A document under which a grantor takes away (revokes) the authority and power of the agent to act on behalf of the grantor. 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. Revocations are expressed or implied. An express revocation of a will must be as formal as the will itself. But this is not the rule in all the states. Implied revocations take place, by marriage and birth of a child, by the English law. In Pennsylvania, marriage or birth of a child, is a revocation as to them. A woman's will is revoked by her subsequent marriage, if she dies "before her hushand. An alienation of the estate by the devisor has the same effect of revoking a will. 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 wili; by presumptive or implied revocation. 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. 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. The renunciation of the agency by the attorney will have the same effect to determine the authority. 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. - 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 delegat-ed to another to do it must cease. If an unmarried woman give a power of attorney and afterwards marry, the marriage does, ipso facto, operate as a revocation of the authority or if the principal become insane, at least after the establishment of the insanity by an inquisition. When the principal becomes a bankrupt, his power of attorney in relation to property or rights of which he was dives-ted by the bankruptcy, is revoked by operation of law. - 3d. The death of the principal will also have the effect of a revocation of the authority. Go to Revocation2 |
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