Question 506. - One partner in a firm having a current account with a bank dies. Is the surviving partner entitled to draw the balance? If he should continue to make deposits in the name of the firm, can he withdraw the funds? Would his rights be affected by the appointment of an executor or administrator of the deceased partner?

Answer. - The surviving partner has a right to withdraw the money on deposit at the time of the other partner's death.

If the surviving partner deposits money in the name of the firm we think he is entitled to withdraw the same and to sign the firm's name for the purpose. His rights would not be affected by grant of letters of probate or administration in connection with the estate of the deceased partner.

Note. - In the Province of Quebec a partnership is dissolved by the death of one of the partners (C. C. Art. 1892), and the mandate and powers of the surviving partners to act for the partnership cease, except for such acts as are a necessary consequence of business already begun (C. C. Art. 1897).

The legal representatives of the deceased partner may at once demand of the surviving partner or partners an account and partition of the property of the partnership (C. C. Art. 1898).