Third Nat. Co. v. Commerce Union Bank

The circuit judge entered a judgment of $489.50 in favor of the Commerce Union Bank as testamentary trustee of J. W. Gillespie, deceased, and his action was affirmed by the Court of Appeals. Certiorari has been granted and the case argued before this Court which, presents only one question: Whether the Commerce Union Bank as such testamentary trustee could maintain this suit, it having also been named executor under the will and no final accounting Raving been made as sucb executor. It is conceded that tRe Bank could not maintain tRe suit as executor-.

TRe record discloses tRat tRe deceased…