Received at a Branch in New Brunswick, under Letters of Probate Issued to the Depositors in Nova Scotia.

Question 255.— A resident of New Brunswick, having a deposit in a bank in that province, moves temporarily to Nova Scotia (where he also owns personal property), and dies there. His executor obtains letters of probate in Nova Scotia, and applies for payment of the deposit in New Brunswick without proving the will in that province. The deposit exceeds $500.

(1)   Would the bank be justified in making payment, and

(2)   Would it have any protection under sub-section 3 of section 84 of the Bank Act ?

Answer.— (1) On the general principle that a creditor may seek his debtor and pay him wherever he can find him we think a bank holding a deposit at a branch in New Brunswick may, through one of its branches in Nova Scotia, pay the executor of the depositor, who presents letters of probate from the courts in Nova Scotia.

(2) The case does not come under section 84, seeing that the deposit is over $500.