
    In the Matter of the Petition of Conradina Wilson to Render and Settle Her Intermediate Account as Administratrix, etc., of Alfred R. Sorensen, Deceased, Appellant. George S. Van Schaick, Superintendent of Insurance, as Liquidator of The Greater City Surety and Indemnity Corporation, Respondent.
   Decree of the Surrogate’s Court of Kings county of October 6, 1932, in so far as it dismisses appellant’s demand against the surety for $3,060 and interest, and in so far as it surcharges appellant in that sum, reversed on the law and the facts, with costs to appellant, payable by the surety, and a decree is directed providing that the surety pay to the appellant the sum of $3,060, with interest from April 8, 1929, and that the surcharge of the appellant be deleted. The payment to the surety was not made under a mistake of law, but a mistake of fact on the part of appellant, induced by undue influence on the part of the surety. Lazansky, P. J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.  