This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 243.— Are we to understand from sub-section 2, section 84, Bank Act, that a deposit in the names of two parties can be withdrawn by one of them? If one of the depositors died would not his legal representatives have to join with the survivor in order that the bank might properly pay over the money?
Answer.—The section quoted refers to trust deposits, and its terms would seem wide enough to protect the bank in paying such a trust deposit to one of two trustees. We have, however, hitherto expressed the view that it is not altogether wise to rely on this section of the Bank Act, and we do not think that it is the practice of the banks to accept a receipt of one trustee in such cases. If, however, one trustee is dead, it is quite clear that the surviving trustee has entire control, and that the legal representative has no rights, so far as the bank is concerned.