In re the Estate of Rosa

Foley, S.

In this contested accounting proceeding the government of the United States asserts a claim against the estate for the recovery of moneys paid to the decedent under a determination made by the head of the Veterans’ Administration that such moneys were paid under a mistake of fact and of law. In so far as it appears from the proceeding the funds now in the estate represent part of such payments and income earned upon them. The decedent had no independent property.

The basis of the determination of General Hines as Administrator of Veterans’ Affairs is that the decedent was never a…