Every deed executed by virtue and in pursuance of a power should bear upon its face a recital of authority, but deeds purporting to be the direct act of the grantor though performed by an attorney in fact are sufficiently formal if the execution and authentication affirmatively show this fact. A conveyance made by an attorney must be in the name of the principal, and purport to be executed by him,32 and where the agent assumes either to grant or to execute, as where he signs and seals, although describing his office, the deed will be void as to the principal.53 Neither will signing the principal's name, but making no mention of the attorney, be a valid execution.34 It is not necessary however, that any particular form of words should be used to render the instrument valid and binding upon the principal, provided it shows upon its face that it was intended to be executed as the deed of the principal and that the seal affixed is his and not that of the attorney.

Immediately following the abstract of every deed purporting to have been made by the procurement of an attorney in fact, should appear the warrant or power which authorized the act. It is further important that sufficient evidence should always be furnished as to the continuance of the power at the time of its exercise. An unrevoked power duly recorded is sufficient as far as it goes, but unless the abstract also discloses the fact the principal was living at such time, and had not been subjected to any disability, prudence would suggest that an inquiry be made to ascertain such facts.

32 Pensonneau vs. Bleakley, 14 111., 15; Elwell vs. Shaw, 16 Mass., 42; Hale vs. Woods, 10 N. H., 470.

33 Fowler vs. Shearer, 7 Mass., 14;

State vs. Jennings, 10 Ark, 428; McDonald vs. Bear River Co 13 Cal., 235. 34 Wood vs. Goodridge, 6 Cush (Mass.), 117.

Trust deeds were formerly very common, but are now rarely employed, save in a few States where mortgages are made in that form. When conveyances in trust are allowed, the nature, quality and extent of the trust should be very explicitly stated, while in States where only a few enumerated express trusts are permitted, every part of the instrument necessary to bring it within one of the classes named in the statute must be shown. No particular form of words is required to create a trust, the intent only being regarded by courts of equity.