NC · jury_instructions
N.C.P.I.—Civil 735.40
ACTION FOR SERVICES RENDERED A DECEDENT - ISSUE OF RECOVERY- STATUTE OF LIMITATIONS.
The plaintiff has offered evidence tending to show that (name
decedent) promised (name plaintiff) that he would (describe alleged
promise to compensate by will) in return for service to be rendered by
(name plaintiff) and that (name plaintiff) relied on such promise in
rendering services.
If you find by the greater weight of the evidence that a promise to
compensate by will was made, (name plaintiff) would be entitled to
recover for services rendered by him from the time of that promise until
(name decedent)'s death, and if you so find you will consider all of such
services in answering this issue.
If you fail to find that (name decedent) made such a promise, but
you do find by the greater weight of the evidence that there was an
[express] [implied] agreement between (name plaintiff) and (name
decedent) that plaintiff was to be compensated for such services as he
rendered to (name decedent) and that plaintiff performed services of
value in reliance on that agreement, then (name plaintiff) would only be
entitled to recover for services rendered by him within three years of the
date of decedent's death, and you will consider only the services rendered
within that time in answering this issue.
History
N.C.P.I.—Civil 735.40 (May 1978). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
bd98e62cc5c3d6f8663d9061ecaf37cb957c90df1e0be7c981a6007d4686ad46
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