Chang Min Tat J:

An objection is taken to this application by a cestui que trust under an executed deed of trust against the grantee for an order to administer the trust, by way of an originating summons under O. 55 r. 4 of the Rules of the Supreme Court. It is contended by the grantor that in view of the serious disputes as to fact, the action should have been commenced by writ.

It might be convenient to commence by considering the authorities on the applicability of an originating summons. An application made under O. 55 r. 4 by an originating summons is, inter alia, for administration of a trust. This must presuppose the existence of a valid trust as to which there is no dispute, the only difference or differences between the trustees and the beneficiaries being the state of the administration. It is the contention of the plaintiff, contra the application, that in the first place there is no dispute as to facts but only a dispute as to the law of trusts and of procedure and that in the second place even if there is a dispute of facts which arises during the hearing of the summons, the matter can be adjourned into open Court for the taking of evidence. Whether or not th