REVOCATION (Lat. re, back, voco, to call). The recall of a power or authority conferred, or the vacating of an instrument previously made.
2. Revocation of grants. Grants may be revoked by virtue of a power expressly re served in the deed, or where the grant is without consideration or in the nature of a testamentary disposition. 3 Coke, 25.
Voluntary conveyances, being without pe cuniary or other legal consideration, may be superseded or revoked, in effect, by a subse quent conveyance of the same subject-matter to another for valuable consideration. And it will make no difference that the first con veyance was meritorious, being a voluntary settlement for the support of one's self or family, and made when the grantor was not indebted, or had ample means besides for the payment of his debts. And the English cases hold that knowledge of the former deed will not affect the rights of the subsequent pur chaser. 9 East, 59 ; 4 Bos. & P.332 ; 8 Term, 528; 2 Taunt. 69 ; 18 Ves. Ch. 84. See, also, the exhaustive review of the American eases, in note to Sexton vs. Wheaton, 1 Am. Lead Cas. 36:47.
3. ln America, it is generally held that a voluntary conveyance which is also fraudu lent is void as to subsequent bona' fide pur 9hasers for value with notice but if not fraudulent in fact, it is only void as to those purchasing without notice. 14 Mass. 137 ; 18 Pick. Mass. 131; 20 id. 247 ; 2 B. Monr.
Ky. 345 ; 8 id. 11; 1 A. K. Marsh. Ky. 126, 210 ; 10 Ala. N. s. 348, 352 ; 12 Johns. N. Y. 536, 557 ; 4 M'Cord, So. C. 295, 308. See FRAUDULENT CONVEYANCE.
The fact that the voluntary grantor sub sequently conveys to another, is regarded as prima facie evidence that the former deed was fraudulent as to subsequent purchasers vrithout notice, or it would not have been re voked. 5 Pet. 265, 281 ; 4 M'Cord, So. C. 295, 308 ; 3 Strobh. So. C. 59, 63 ; 1 Rob. Va. 500, 544.
In some of the states, notice of the volun tary deed will defeat the subsequent pur chaser. 1 Rawle, Penn. 231 ; 5 Watts, Penn. 378 ; 6 Md. 242 ; 4 M'Cord, So. C. 295, 310 ; 2 M'Mull. So. C. 508 ; 1 Bail. So. C. 575, 580 ; 15 Ala. 525, 530 ; 5 Pet. 265, 281. But in other states the English rule prevails. 1 Yerg. Tenn. 13-15 ; 5 id. 250 ; 1 A. K. Marsh. Ky. 208, 210 ; 1 Dan. Ky. 531 ; 3 Ired. Eq. No. C. 81 ; 8 Ired. No. CI. 340.
There is a distinction between the creditors of the grantor by way of family settlement (he being not insolvent or in embarrassed circumstances), and a subsequent purchaser for value. The claim of the latter is regarded as superior to a mere creditor's, whether prior or subsequent to the voluntary conveyance, --especially if he buy without notice. Some of the foregoing cases do not advert to this distinction. 3 Ired. Eq. No. C. 81 ; 4 Vt. 389, 395.
4. So, too, if one bail naoney or other vain able to another, to be delivered to a third person on the day of naarriage, he may countermand it at any time before delivery over. 1 Dy. 49. But if such delivery be
made in payment or security of a debt, or for other valuable consideiation, it is not re vocable. 1 Strange, 165. And although the gift be not made known to the donee, being for his benefit, his assent will be presumed until he expressly dissent. 3 Coke, 26 b ; 2 Salk. 618.
Powers of appointment to uses are revoca ble if so expressed in the deed of settle ment. But it is not indispensable, it is said, that this power of revocation should be re peated in each successive deed of appoint ment, provided it exist in the original deed creating the settlement. 4 Kent, Comm. 336; 1 Coke, 110 b ; 1 Chane. Cos. 201 ; 2 id. 46 ; 2 Blackstone, Comm. 339, and notes.
It has been sn id that the power of revoca tion does not include the appointment of new uses. 1 Sid. 343 ; 2 Freem. 61 ; Pree. in Chane. 474.
5. Tri REVOCATION OF POWERS CONFERRED UPON AGENTS. Naked powers, not coupled with an interest, may always be revoked by the express act of the constituent, whenever he so elects, he being bound by all the acts of the agent until notice of the revocation. Until notice of revocation, the agent is en titled to compensation and indemnity for all acts done and all liabilities incurred. The act of revocation is merely provisional and contingent until notice is communicated to the agent. 1 Parsons, Contr. 58, and notes ; 6 Ired. No. C. 231.
As to third persons who deal with the agent before notice of the revocation of his powers, they are not affected by it. 1 Strange, 506 ; 5 Term, 211-214 ; 12 Q. B. 460 ; 4 Campb. 215 ; 12 M 346 ; 4 Munf. Va. 130 ; 5 Binn. Penn. 305 ; 5 Dan. Ky. 513; 17 Mo. 204 ; 11 N. H. 307 ; 2 Kent, Comm. 644, and cases :ited ; 11 Ad. & E. 589, 592.
6. Bnt as to strangers who have never lealt with the agent before the revocation of his powers, if the principal give public notice 9f the revocation in such manner as to render the fact generally known in the vicinity, it will protect him. 1 Parsons, Contr. 59, 60 ; Hare, J., in U. States vs. Jarvis, Day. Dist. Ct. 287. But where the power was conferred ;ri writing, which the agent retained and ex hibited as the evidence of his authority, so that strangers were fairly justified in believ :rig in its continuance, having no adequate means of knowledge of its revocation, the acts .4' the agent will bind the principal. 11 N. II. 397. It is a question of fact whether, under All the circumstances, the party was fairly ;ustified in supposing the authority still con tinued. 12 Q. B. 460.
Unless the power provides a specific mode 9f revocation (in which it must be strictly followed), its authority may be revoked in any form which the constituent may adopt.
6 Ired. No. C. 74 ; 6 Pick. Mass. 198 ; Story, Ag. 474. See, post, REVOCATION OF POWERS