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If we accept the conception of agency as a relationship in which one holds in trust for and subject to the control of another a power to affect certain legal relationships of that other, the distinction between pure agency relationships and other powers of attorney is very clear. The first can exist only where there is a fiduciary relationship and where the holder of the power has a primary obligation to the one who created it. So far as he acts for his own benefit in the exercise of the power, he is acting adversely and not as agent. It is true that agents usually act in order to benefit themselves but their privilege of benefiting themselves is limited to securing this benefit as a result of acting for the benefit of the principal. Because of this fiduciary obligation and because the agent holds his power subject to the will of the principal, the power is revocable at any time by the principal in spite of any contract made by the latter that it shall not be, and, for the same reason, it terminates upon the death of the principal. The power which may be' called the proprietary power of attorney has only the common element of power. The holder is not a fiduciary, he does not hold at the will of the principal nor is he under obligation to the latter. To-day the two powers have so little in common that, were it not for their common origin and names, there would be no reason for confusion. Both powers sprang from the common-law conception of agency, as to which the evidence seems clear that the early law regarded the agent as the physical holder and reproducer of the principal's mind. This may be seen by an examination of the requirements. Any human being could hold a power of agency, the individuality of the actor being entirely disregarded. 3 The act to be performed had to

Termination by Death of Proprietary Powers of Attorney