This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 257.— A married woman who has some money at her credit, believed to be held by her for a church society, dies, leaving a husband and minor children. The society claims the money. What should the bank do? Would it be liable to the children if the money were paid to the society ?
Answer.—If it is quite clear that the money was in fact held by the deceased in trust for the society, there would be no risk in paying it to the society. A bond of indemnity should be taken, and the husband's admission of the society's rights. It would be well also to have a statutory declaration from some other person who knows the facts. The children could only get at the matter by procuring letters of administration of the estate. The administrator would undoubtedly have control of the deposit, but he would be bound under the conditions mentioned to pay it over to the society; so that the children would gain nothing.