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eBook details

• Title: Cline v. Cline
• Author : Supreme Court of North Carolina No. 533
• Release Date : January 12, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Defendants assign as error the court's refusal to allow their motion to nonsuit. The evidence was sufficient to permit the jury to find these facts: Plaintiff married Charlie Cline, son of decedent and R. S. Cline, in 1934. R. S. Cline died prior to the marriage. Decedent and Charlie occupied the same home prior to the marriage. It belonged to R. S. Cline at his death. Decedent continued to live in the home with plaintiff and her husband until her death in April 1959. She was then approaching 90, nearly blind, and a diabetic. This condition ""started about 1945."" She was in need of care and attention for several years prior to her death. Decedent's other children, although living nearby, did little for her. The burden fell on plaintiff. The nature and extent of the services required and rendered increased as decedent grew older. Decedent ""didn't expect anybody to do anything for her without being compensated."" Decedent stated ""she had it in her will"" that plaintiff ""would be well paid to take care of her."" Plaintiff testified: ""Mrs. Cline said she had in her will that I'd be paid at her death. She told me that time and time again."" Plaintiff testified to her affection for decedent, but when asked the direct question whether she expected compensation for the services rendered, she answered in the affirmative.

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