Estate of Howey v. Commercial National Bank

The theory upon which the appellant seeks to obtain possession of the money in question is based on the claim of the bank’s acceptance of the executorship. If it may be held that the bank acted as executor of deceased’s estate, then any debt which it owed to deceased as a bank yvould, ipso facto, become a cash asset in its hands as executor. It would be obliged to turn over to • appellant, as succeeding representative, the cash representing the amount of indebtedness. The court found that the bank at no time took any affirmative action pursuant to said appointment, that the estate, so far as…