Waage's Estate

Opinion by

Porter, J.,

This is an appeal from a decree of distribution. The Penn Mutual Life Insurance Company presented a claim to be reimbursed for an installment of an annuity, paid after the death of the decedent, under an alleged mistake of fact. The parties, at the hearing, presented a written agreement as to the facts, there being attached to and made part of the agreement a copy of the annuity contract. The court below, after consideration of this evidence, sustained the claim and decreed that it should be paid out of the moneys in the hands of the executor. The guardian of the legatees…