I know I am being a pansy, I just do not want to drill a tank unless it is really needed and if someone can help me
but would this concept work with an overflow box instead of the hole in the 10g?
also I am assuming the 10g would have to be positioned higher than the 55g
Stop being a pansy.
In all honesty, drilled tanks are inherently superior to ones with an overflow. I'm serious about this: an overflow is a -huge- failure point, and you're practically guaranteed a flood at some point or another if you use one. A drilled tank with proper plumbing and which is maintained is much, much, much less likely to have its returns fail than an overflow losing its siphon. You can get tanks drilled from the manufacturer through any good fish store, though there'll probably be a few weeks of lead time.
If you're having both tanks drain into a common sump, then you don't need to worry about balancing the flow or having one higher than the other. It just doesn't matter at all.
-However-, if you're only planning on using a 10G for a fuge, which is pretty small, an overhead fuge is pretty feasible. In this case, you could use a small pump positioned in the 55 to feed the fuge and gravity to feed it back into the DT, or you could use a larger pump in the sump to feed it and have it overflow into the DT -- just make sure that the overflow/return in the DT can take the combined flow of both pumps. Any of the pumps could fail with either setup and there would be no danger of a flood. However, a failure of any overflow could cause major problems -- just as it will on any tank system.
Remember, if you use a common sump, -both- tanks are screwed if an overflow fails. (The sump will run dry, and then both tank swill lose circulation from the returns, and, presumably, your heater and skimmer.) In this situation it's even more inadvisable to use an external overflow instead of having drilled returns.