from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
TO REFUND. To pay back by the party who has received it, to the party who
has paid it, money which ought not to have been paid.
2. On a deficiency of assets, executors and administrators cum
testamento annexo, are entitled to have refunded to them legacies which they
may have paid, or so much as may be necessary. to pay the debts of the
testator; and in order to insure this, they are generally authorized to
require a refunding bond. Vide 8 Vin. Ab. 418; 18 In Vin. Ab. 273; Bac. Ab.
Legacies, H.