65. Recovery of money paid under a mistake and regularisation in equity.

In principle, wherever the common law would allow recovery of a mistaken payment, so too would equity1. In some respects, however, equity went further. First, it appears that, at least in the exclusive jurisdiction dealing with trusts and estates, equity would give relief in cases of mistake of law2, although in the case of a claim to recover monies paid out of a deceased's estate in error, the real beneficiary must first exhaust his claim against the personal representative before claiming against the recipient of the payment3. Secondly, it may be that a payment made under mistake does not