The court reduced later executor fees for delay, allowed earlier unpaid fees and solicitors’ accounts, and ordered Paula Collett an advance and further costs.
The evidence established the $100,000 was a loan that was not forgiven and was not intended as an advance on an inheritance at death; corroborated documentary and payment records plus the testator's later will revoking the prior testament show no forgiveness. The defendant's quantum meruit claim failed for lack of contract/expectation of payment; unjust enrichment failed because there was a juristic reason for enrichment (prior gratuitous loans and other benefits). Judgment granted to the Estate for outstanding principal $95,700 and defendant's claims dismissed.