Page:Harvard Law Review Volume 12.djvu/285

265 ''POWERS COUPLED WITH AN INTERESTS 26$ stitutJon relinquishes all his interest in her, no legal title passes by- such relinquishment, as the attorney has no interest in the vessel, but only a power to sell.^ In Taylor v. Benham,'^ the Supreme Court of the United States held that a devise that the whole of the property of a testator be sold (which power vested in the executors) was not a power coupled with an interest. In Loring v. Marsh,^ a power conferred upon the trustees, who were also invested with the legal estate, is said to be a power coupled with an interest. A being indebted to B, executed a power of attorney authorizing B to receive moneys which should become due to A from C ; it was held, inasmuch as the power of attorney not accompanying any assignment of the debt due from C to A, and not forming part of any security given for the debt due from A to B, the power of attorney was revoked by death.* But neither in England nor in the United States are the deci- sions uniform as to the meaning of the words " power coupled with an interest." In the courts of both countries there are cases in which a common law power over property is said to be a power coupled with an interest w/ien it is given for the benefit of the donee of the power. In Smart v. Sanders,^ it was said that " where an agreement is entered into on a sufficient consideration, whereby an authority is given for the purpose of securing some benefit to the donee of the authority, . such authority is irrevocable. This is what is usually meant by an authority coupled with an interest, and which is com- monly said to be irrevocable." In Clerk v. Laurie,^ Williams, J., said : — " What is meant by an authority coupled with an interest being irre- vocable is this, that where an agreement is entered into on a sufficient consideration whereby an authority is given for the purpose of securing some benefit to the donee of the authority, such an authority is irrevocable." The case of Godolphin v. Godolphin'^ was as follows: — " A testator devised to his sister and her heirs forever, with a direction to settle the property on such of the descendants of the testator's mother 1 Bingham v. Clark, 20 Pick. 43 ; see also Story, Agency, § 469; Mechem, Agency, §205. 2 5 How. 233. 8 6 Wallace, 354. « 2 H. & N. 199. '^ I Vesey, 21.
 * Lepard v. Vernon, 2 Vesey &Beames, 5. ® S C. B. 917.