Schara Tzedeck v. Royal Trust Co.

Schara Tzedeck v. Royal Trust Co.

Because no binding custom was proved and no contractual obligation or testamentary bequest in favor of the society was established, the executor's liability was limited to paying a fair and reasonable amount for the burial services; the trial award of a reasonable sum was therefore correct and affirmed.

Citation
[1953] 1 SCR 31
Parties
Plaintiff/appellant: Schara Tzedeck; Defendant/respondent: The Royal Trust Company, as Executor of the Will of Jennie Edith McIntyre, deceased
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1952
Procedural Posture
Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia; Final Disposition by Supreme Court of Canada
Outcome
Appeal dismissed
Legal Topics
Executor Liability, Funeral Expenses, Custom and Usage, Quantum Meruit, Interpretation of Testamentary Directions
Source Language
English
Estates Wills Probate Trusts Executor Liability Funeral Expenses Custom and Usage Quantum Meruit +1 more

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Parties

Schara Tzedeck

Plaintiff/appellant

The Royal Trust Company, as Executor of the Will of Jennie Edith McIntyre, deceased

Defendant/respondent

Procedural Posture

Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for British Columbia; Final Disposition by Supreme Court of Canada

Legal Issues

  1. 1 Whether executor liable to pay burial society's assessed fee
  2. 2 Whether alleged Jewish custom/usage can bind the estate and create liability beyond reasonable funeral expenses
  3. 3 Whether obligation arises by contract, implied contract or by bequest under the will

Ratio Decidendi

Because no binding custom was proved and no contractual obligation or testamentary bequest in favor of the society was established, the executor's liability was limited to paying a fair and reasonable amount for the burial services; the trial award of a reasonable sum was therefore correct and affirmed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment of trial court awarding plaintiff $400 upheld