Whether plaintiff rendered services to her father with no expectation of being paid therefor or under an implied promise of compensation is a question of fact. Clearly she was entitled to have the jury pass upon her claim for services rendered during the three years immediately preceding his death. Hodge v. Perry, 255 N.C. 695, 122 S.E.2d 677. Plaintiff seeks, however, to recover for services rendered over a period of seventeen years upon the allegation that decedent breached this agreement to compensate her in his will.
Miller v. Lash, 85 N.C. 51. See also: Hodge v. Perry, 255 N.C. 695, 122 S.E.2d 677; Grady v. Faison, 224 N.C. 567, 31 S.E.2d 760. (b) Where it is agreed that compensation is to be provided in the will of recipient, the cause of action accrues when the recipient dies without having made the agreed testamentary provision. Stewart v. Wyrick, supra; Lipe v. Trust Co., 207 N.C. 794, 178 S.E. 665; Helsabeck v. Doub, 167 N.C. 205, 85 S.E. 241; Freeman v. Brown, 151 N.C. 111, 65 S.E. 743. (c) Where it is agreed that services are to be rendered during the life of recipient and compensation is to be provided in the will of recipient and the contract has been abandoned, the cause of action accrues at the time of abandonment of the contract.
But this promise which the law implies is not expanded to imply a promise to pay at death and by will. If the time for payment is to be extended to the death of the recipient of the services, there must be agreement to that effect. Hodge v. Perry, 255 N.C. 695; Grady v. Faison, 224 N.C. 567, 31 S.E.2d 760; Edwards v. Matthews, 196 N.C. 39, 144 S.E. 300; Brown v. Williams, 196 N.C. 247, 145 S.E. 233; Miller v. Lash, 85 N.C. 51. Plaintiff's parol evidence amply supports his allegation of the close and affectionate relationship existing between him and Minnie. Several witnesses testified to declarations by Minnie of her affectionate regard for plaintiff and her desire that plaintiff should, upon her death, have all of her property.
This holding is in agreement with both Prentzas and Lassiter, as well as previously decided cases. See Benson v. Bennett, 112 N.C. 505, 17 S.E. 432 (1893); Hodge v. Perry, 255 N.C. 695, 122 S.E.2d 677 (1961); Ingram v. Smith, 16 N.C. App. 147, 191 S.E.2d 390, cert. denied, 282 N.C. 304, 192 S.E.2d 195 (1972). Benson, Hodge, and Ingram relied on N.C.G.S. ยง 1-22, but an administrator was appointed before the applicable statute of limitations had expired in those cases.
Humphrey v. Stephens, 191 N.C. 101, 131 S.E. 383 (1925); Prentzas v. Prentzas, 260 N.C. 101, 131 S.E.2d 678 (1963). In Hodge v. Perry, 255 N.C. 695, 122 S.E.2d 677 (1961), our Supreme Court held: "The general rule is unquestionably that when the `statute of limitations once begins to run nothing stops it.' But the statute (Revisal, sec. 367) has made an exception where a party dies. It provides that if the debt is not barred at the time of the debtor's death, action can be brought against his personal representative (if the cause of action survive), though the period of limitation has then elapsed, if within one year after issuing of letters of administration."