McFadden v. Dale

1.' Where there aré three executors qualified under a will, one of them in his individual capacity may, without resigning as executor, sue the other two in equity, as representatives of the estate, to establish an implied trust in his behalf as to an undivided interest in property purchased during the life of the testator with joint funds, title to which was taken in the name of the testator. MacDougall v. National Bank of Columbus, 150 Ga. 579 (104 S. E. 630).(a) The ease does not fall within the principle of section 3910 of the Civil Code, which declares: “A legatee taking under a will must…