Estate of Brenzikofer

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] OPINION

Elnora Brenzikofer died on January 13, 1991. Probate proceedings commenced thereafter. On March 21, 1994, appellants filed their Probate Code section 9860 petition seeking specific performance of an oral agreement made by the decedent to convey to them the house they were renting from her. Appellants contend that the oral agreement to do so had been made by the decedent in return for some 26 years of care they had given to her and her cats. Respondent, the administrator of the estate of Brenzikofer, filed his notice of motion for summary judgment on December 14, 1994. The motion was heard and granted on January 26, 1995. A motion for reconsideration was subsequently denied.

Appellants allege they approached decedent on many occasions regarding the purchase of the property and each time decedent told them that if they would stick it out, the house would be theirs.

After 1981 decedent was no longer able to drive a vehicle. Appellants helped decedent purchase food for herself and for the numerous cats that she owned. In April 1981 the only…