The authority of the agent is terminated instantly by the death of the principal, even though it was an irrevocable agency in the lifetime of the principal. This is the general rule and governs except in the case of an agency coupled with an interest. The agency is likewise terminated with the death of the agent. The law operating in both cases, and the agency is dissolved.21

Where the principal dies the contract he made with the agent is not binding on the estate of the deceased,22 and any contract the agent makes thereafter would be a nullity, even though the notice of the death is not brought home to the third person, death being so notorious a thing itself that the fact of a person's dying is sufficient notice, if any should be required, but when the sources of the authority pass away, the authority instantly passes also.23

Since the agent must at all times act in the name of his principal, it is impossible to conceive in reason how an agency could continue when the principal dies, except, of course, in the case of agency coupled with an interest, and in the last case the agent, continuing to act, is in reality acting for himself.

18 Spalding vs. Rosa, 71 N. Y., 40.

19 Duffield vs. Michaels, 97 Fed.,

825. 20 Mechem on Agency, Sec. 240, 90 I11., 505.

21 Lacy vs. Getman, 119 N. Y., 109. 22 Long vs. Thayer, 150 U. S., 520. 23 Whitworth vs. Ballard, 56 Ind., 279.

In the case of the death of the agent, the representative of the principal is gone, and his substitute deriving his authority from the dead agent is without a principal. The appointment ceases with the death of the person making the same.

Where a partnership appoints an agent to act for them, the authority could only continue during the life of the partnership,24 and dissolution occasioned by death of one partner or by withdrawal of a member of the firm or by any other act which the law holds would dissolve the partnership, ipso facto,would thereby revoke the power of the agent of the firm.25