Question 504. - (a) If a party dies leaving no will and with an account in his name in trust, the trust being specified, who has the right to dispose of this money and what is the bank's responsibility?

(b) If the deceased had left a will, would the executor have full power to dispose of the money?

Answer.-(a) The proper course is to have a new trustee appointed either under the instrument, if any, creating the trust, or by the court, and the bank should not act without such appointment.

(b) Not in the Province of Quebec. In other Provinces, so far as advised, the executor would have such power, provided the instrument creating the trust made no provision for the appointment of a successor.