Revocation

The recall of some power, authority or thing granted or a destroying or making void of some deed that had existence until the act of revocation made it void. It may be either general, ot all acts and things done before; or special, to revoke a particular thing.

5 Coke, 9th See Wilmington City Ry. Co. v. Wilmington & B. S. Ry. Co., 8 Del. Ch. 468, 46 Atl. 12.

Revocation by act of the party is an intentional or voluntary revocation. The principal instancos occur in the case of authorities and powers of attorney and wills. A revocation in law, or constructive revocation, is produced by a rule of law, irrespectively of the intention of the parties. Thus, a power of attorney is in general revoked by the death of the principal.

Sweet.

Revocation of probate ls where probate of a will

having been granted, is afterwards recalled by the court of probate, on proot of a subsequent will, or other sufficient cause.

Revocation of will

The recalling, annulling, or rendering inoperative an existing will, by some subsequent act of the testator, which may be by the making of a new will inconsistent with the terms of the first, or by destroying the old will, or by disposing of the property to which it related, or otherwise.

See Boudinot v. Bradford, 2 Dall. 268, 1 In Ed. 375; Lathrop v. Dunlop, 4 Hun (N. Y.) 215; Carter v. Thomas, 4 Me. 342; Langdon v. Astor, 3 Duer (N. Y.) 561; Graham v. Burch, 47 Minn. 171, 48 N. W. 607, 28 Am. St. Rep. 339; Gardner v. Gardiner, 65 N. H. 230, 19 Atl. 651, 8 In R. A. 383; Caller v. Cutler, 130 N. C. 1, 40 S. E. 689, 57 In R. A. 209, 89 Am. St. Rep. 854