In Re Diplock [1948] Ch 465, the next of kin sued the executors and also the charities themselves for the return of the money. The action against the executors was compromised with the court’s approval, the executors agreeing to repay £15,000 of the £203,000 out of their own pockets. The next of kin sought to recover the balance from the charities concerned. The right to trace and make a proprietary claim in equity was considered at length by the Court of Appeal in Re Diplock, in case their decision on the availability of a personal claim (see later) was reversed by the House of Lords. However, the House of Lords affirmed their decision on the personal claim and did not consider it necessary to discuss the proprietary claim.