In re the Estate of Harned

Wingate, S.

The findings of fact of the learned referee are confirmed. The mistake upon which the decree of June, 3, 1931, was predicated and as a result of which the payment by the respondent surety to the respondent William H. Harned, as administrator of the estate of Frances Ireland, deceased, was made, was clearly one of law. (Matter of Welton, 141 Misc. 674.) The referee has concluded that recovery by the respondent surety from the respondent administrator of the funds innocently received and substantially distributed by him should not be permitted, except only with respect to such…