29A.74  Death of principal--effect.

Except as otherwise provided in this chapter no agency created by a power of attorney in writing given by a principal who is at the time of execution, or who after executing such power of attorney becomes, either a member of the armed forces of the United States, or a person serving as a merchant seaman outside the limits of the United States included within the fifty states and the District of Columbia, or a person outside said limits by permission, assignment or direction of any department, in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, shall be revoked or terminated by the death of the principal, as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, shall have acted or shall act, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees, or personal representatives of the principal.

Except as otherwise provided in this chapter no report or listing either official or otherwise, of "missing" or "missing in action" shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency.

Section History: Early form

  [C46, 50, § 29.69, 29.71; C54, 58, 62, § 29.92; C66, 71, 73, 75, 77, 79, 81, § 29A.74]

Internal References

  Referred to in § 29A.76


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