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§ 165-40. Affidavit of agent as to possessing no knowledge of death of principal.

§ 165‑40. Affidavit of agent as to possessing no knowledge of death of principal.

An affidavit, executed by the attorney in fact or agent, setting forththat he has not or had not, at the time of doing any act pursuant to the powerof attorney, received actual knowledge or actual notice of the revocation ortermination of the power of attorney, by death or otherwise, or notice of anyfacts indicating the same, shall, in the absence of fraud, be conclusive proofof the nonrevocation or nontermination of the power at such time. If theexercise of the power requires execution and delivery of any instrument whichis recordable under the laws of this State, such affidavit (when authenticatedfor record in the manner prescribed by law) shall likewise be recordable. (1945, c. 980, s. 2.)

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