Rinzler v. Grossman Estate, (1993) 122 N.S.R.(2d) 194 (ProbCt)
|Court:||Nova Scotia Probate Court|
|Case Date:||March 31, 1993|
|Citations:||(1993), 122 N.S.R.(2d) 194 (ProbCt)|
Rinzler v. Grossman Estate (1993), 122 N.S.R.(2d) 194 (ProbCt);
338 A.P.R. 194
MLB headnote and full text
Bessie Rinzler v. The Estate of Ethel Grossman
Indexed As: Rinzler v. Grossman Estate
Nova Scotia Probate Court
March 31, 1993.
Rinzler was the niece and step-daughter of Ethel Grossman. Ethel Grossman left her entire estate to her son. Rinzler sued the estate for the value received for a condominium which Rinzler claimed Ethel Grossman told her she would receive.
The Nova Scotia Probate Court dismissed Rinzler's action.
Contracts - Topic 1500
Formation of contract - Consensus or agreement - General - Rinzler was the niece and step-daughter of Ethel Grossman - Over the years, Rinzler had assisted Grossman and her husband by looking after their property, taking her shopping and keeping her company - Rinzler submitted that the Grossman's told her that she would receive their condominium when they died - Earlier wills reflected that position - Subsequently, Ethel Grossman reconciled with her estranged son - The son became the new beneficiary - The son sold the condominium two years prior to Ethel's death - Rinzler did not object at that time - Also, Rinzler did not claim that her actions were conditional upon receiving the condominium - Rinzler sued the estate for the value received for the condominium - The Nova Scotia Probate Court dismissed Rinzler's action.
Contracts - Topic 3505
Performance or breach - Obligation to perform - Partial performance - [See Contracts - Topic 1500 ].
Restitution - Topic 781
Benefit acquired from plaintiff - Recovery based on quantum meruit - General - [See Contracts - Topic 1500 ].
Alan J. Stern, Q.C., for the claimant;
A. Lawrence Graham, for the estate.
This matter was heard at Halifax, Nova Scotia, before V.P. Allen, Q.C., Registrar of the Nova Scotia Probate Court, who delivered the following judgment on March 31, 1993.
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