Stewart v. Wyrick, 741.

• Citation: 45 S.E.2d 764,228 N.C. 429
• Decision Date: 19 December 1947
• Docket Number: No. 741.,741.
• Court: United States State Supreme Court of North Carolina
• Parties: STEWART. v. WYRICK et al.

45 S.E.2d 764
228 N.C. 429

STEWART.
v.
WYRICK et al.

No. 741.

Supreme Court of North Carolina.

Dec. 19, 1947.

[45 S.E.2d 764]

Appeal from Superior Court, Alamance County; R. Hunt Parker, Judge.

[45 S.E.2d 765]

Civil action by Pearl Stewart (Stuart) against Maggie Stewart Wyrick and others to recover for services rendered by plaintiff to J. G. Stewart, deceased. From an adverse judgment, defendants appeal.

No error.

Civil action to recover for services rendered by plaintiff to J. G. Stewart during the last 20 or 25 years of his life, it being alleged that "the said J. G. Stewart proposed to, and agreed with, this plaintiff that he would pay her for all of her said services to be rendered and for all funds advanced by her in his behalf (in purchasing their home and) for his support, by willing to her, to take effect at his death, all (of said properties so purchased and all other) property which he owned at his death".

There is ample evidence to show the contract as alleged. Plaintiff's eldest son says "he told her in my presence that he would will her everything he had if she would stay there and take care of him". Another son testifies: "I heard him say at least sixty times that he was going to let mama have everything he had". Plaintiff's husband, who is a son of J. G. Stewart, gave testimony as follows: "I heard my father say, time and time again, if my wife would stay and take care of him and look after him, he would give her everything he had and see that she had it at his death". Indeed, J. G. Stewart made a will devising and bequeathing all of his property to the plaintiff, but this was burned in a fire which destroyed their home--later rebuilt. He died intestate on 4 January, 1944, at the age of 83. At that time he owned a farm worth between $8,000 and $10,000, and personal property amounting to $50 and 13 cents in cash.

It is further in evidence that plaintiff performed her part of the contract, and rendered valuable services to the deceased (luring the latter part of his life--some of an onerous and menial character.

Upon the denial of liability and issues joined, the jury returned the following verdict:

"1. Did the defendant's intestate J. G. Stewart, during his lifetime, enter into a contract and agreement with the plaintiff, Mrs. Pearl Stewart, as alleged in the complaint? Answer: Yes.

"2. If so, did the plaintiff, Mrs. Pearl Stewart, render services to said J. G. Stewart in good faith, relying on a contract and agreement with him, as alleged in the complaint? Answer: Yes.

"3. If so, did the defendant's intestate J. G. Stewart breach said contract, as alleged in the complaint? Answer: Yes.

"4. Is plaintiff's action barred by the three-year statute of limitations, as alleged in the answer? Answer: No.

"5. Is plaintiff's action barred by the ten-year statute of limitations, as alleged in the answer? Answer: No.

"6. What amount, if any, is the plaintiff entitled to recover of the defendant on account of the breach of said contract? Answer: $3,500."

The court instructed the jury that if they came to answer the sixth issue, they would "answer the amount in dollars and cents that you find from the evidence * * * the services rendered by the plaintiff to J. G. Stewart were reasonably worth".

On the fourth and fifth issues, addressed to the three and ten year statutes of limitation, negative answers were directed, if the jury found the facts to be true as shown by all the evidence.

Judgment was entered...