California Court of Appeal June 14, 1944, Civ. No. 14465 (Bond v. Farmers & Merchants National Bank)

MOORE, P. J.

The question for decision is whether a bank as executor of an estate may cause a debtor’s obligation to *844the estate to be reduced to judgment by the residuary legatee and assigned to the bank individually and thereafter be pleaded as a counterclaim to the action of the debtor against the bank individually for money which the bank as trustee had held for the debtor during the