
    (18 App. Div. 361.)
    UNDERHILL v. RODWELL.
    (Supreme Court, Appellate Division, Second Department.
    June 22, 1897).
    Payment to Legatee—Recovery—Evidence.
    For an executor to recover part of a payment made by him to a legatee, it is not enough to show that the decree on accounting by him made him a certain allowance, and that there is not enough for this unless part of the payment be recovered; it must also be shown that the payment was not voluntary, but was made under circumstances entitling him to recover it back.
    Appeal from city court of Brooklyn.
    Action by Silas A. Underhill against Ella F. Rodwell. From a judgment on a verdict for plaintiff for part only of the amount claimed, he appeals.
    Affirmed.
    Argued before GOODRICH, P. J., and GULDEN, BARTLETT, HATCH, and BRADLEY, JJ.
    Reuben H. Underhill, for appellant.
    Henry Manne, for respondent.
   PER CURIAM.

The judgment should be affirmed, with costs.  