Revoke
Dictionary of Terms and Phrases Used in American or English Jurisprudence · Benjamin Vaughan Abbott · 1879
Dictionary of Terms and Phrases Used in American or English Jurisprudence
To annul, cancel, oi: recall one's own act; to reverse what its author. Revocation: the cancellation or extinguishment of an instrument or act by him who made or did it. Some instruments are in their nature revocable, others are not so. Deeds are not in general revocable, unless a power of reservation is expressly reserved, which, in settlements, trusts, &c., is often done. Thus, when it is provided in a marriage settlement or other instrument, that an appointment may be made ' ' with or without power of revocation," it is implied that the party making the appointment may, if he think fit, reserve the power of annulling what he has done. A power granted or reserved in a deed or other instrument to revoke an appointment already made, and to make a fresh one, is called a power of revocation and new appointment. In powers of attorney it is quite usual to reserve a right of revocation, or expressly to constitute the agent attorney irrevocable. And any power to an attorney to appoint sub-agents is usually coupled with a power to revoke such appointments. Yet, upon general principles, and independent of the wording of the power, an appointment of an agent is usually revocable, saving the I'ights of the agent as to matters past, unless it is coupled with an interest, or given upon a consideration. Wills are deemed revocable in their nature, though it has been found necessary in many jurisdictions to specify what acts shall be and what shall not be efficient to revoke a will. The following are often allowed as revocations: marriage of testator; the execution of another will or codicil; some writing of revocation executed as a will; the burning, tearing, or other destruction of the original will by the testator, or by some other person in his presence and by his direction; some other disposal of the property by the testator during his lifetime. Kevocation is the calling back of a thing granted; or a destroying or making void of some deed that had existence, until the act (vf revocation made it void. A revocation may be either general, of all acts and thing is revoked, it is as if it never had been. Jacob, Revocation of probate, is where probate of a wiU, having been granted, is afterwards recalled by the court of probate, on proof of a subsequent will, or other sufficient cause.