ABSTRACT
Similarly, too, with claims analogous to property. In Re Diplock,81 executors wrongly paid moneys to various charities on the basis of an invalid will. The real beneficiaries claimed to be subrogated to mortgages paid off by certain recipients with the moneys received. Their claim failed, but only because the recipients’ innocence was held to make such negative tracing inequitable:82 had this not been so, it seems to have been assumed that subrogation would lie.
