201. Powers may be destroyed

(a) By execution.

(b) By death of one whose consent to the execution la required.

(c) By alienation of the estate to which the power is appendant.

(d) By release, unless the power is simply collateral.

(e) By cesser.

A power is like a conveyance of land, and cannot be revoked by the donor after it has been created, nor will his death put an end to the right to exercise it.249 A power is, of course, extinguished by its execution, and any further power reserved in the instrument of execution would not be the same, but a new power.250 The death of one whose consent to the execution of the power is required destroys the power.251 Where a power is appendant, the alienation of the estate to which the power is annexed destroys the power, in whole or in part, because the donee will not be permitted to execute the power in derogation of his conveyance of the estate.252 So a partial alienation of the estate might suspend or qualify the power; as, where the donee has made a lease, an estate created by a subsequent execution of the power would be postponed until the termination of the lease.253 A power in grosss,

249 Wilburn v. Spofford, 4 Sneed (Tenn.) 698; Armstrong v. Moore, 59 Tex. 646.

250 Hele v. Bond, Prec. Ch. 474; Hatcher v. Curtis, Freem. Ch. 61.

251 Kissam v. Dierkes, 49 N. Y. 602; Powles v. Jordan, 62 Md. 499. But see Leeds v. Wakefield, 10 Gray (Mass.) 514; Sohier v. Williams, 1 Curt. 479, Fed. Cas. No. 13,159.

252 Wilson v. Troup, 2 Cow. (N. Y.) 195; Parkes v. White, 11 Ves. 209; Bringloe v. Goodson, 4 Bing. N. C. 726. So a recovery extinguishes. Smith v. Death, 5 Madd. 371; Savile v. Blacket, 1 P. Wms. 777; or a fine, Biekley v. Guest, 1 Russ. & M. 440; Walmsley v. Jowett, 23 Eng. Law & Eq. 353. And see Hole v. Escort, 2 Keen, 444.

253 Noel v. Henley, Mcclel. & Y. 302.

Real Prop.-21 however, is not affected by an alienation of the donee's estate.254 And a power simply collateral cannot be destroyed by the donee.255 All other powers may be released to one having a freehold in possession, reversion, or remainder, and so destroyed.256 The doctrine of merger, however, does not apply to powers, because the donee may have both an estate and a power.257 When the object for which a special power is created has failed, the power is said to be destroyed by cesser.258