Rinzler v. Grossman Estate, (1993) 122 N.S.R.(2d) 194 (ProbCt)

• Court: Probate Court of Nova Scotia (Canada)
• Case Date: March 31, 1993
• Jurisdiction: Nova Scotia
• 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

Allen, Registrar.

March 31, 1993.

Summary:

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 ].

Counsel:

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.