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FESMIRE v. FIRST UNION NATIONAL BANK OF N.C.

No. 850.

148 S.E.2d 589 (1966)

267 N.C. 589

Doris J. FESMIRE, Plaintiff, v. FIRST UNION NATIONAL BANK OF NORTH CAROLINA, Executor of Jesse Burns Earle, Deceased, Defendant.

Supreme Court of North Carolina.

June 16, 1966.

Attorney(s) appearing for the Case

Barber & Holmes, Pittsboro, for defendant appellant.

Moody & Moody and T. F. Baldwin, Siler City, for plaintiff appellee.

LAKE, Justice.

The burden of proof was upon the plaintiff to show each element of the gift inter vivos under which she claims. Cartwright v. Coppersmith, 222 N.C. 573, 24 S.E.2d 246; Duckworth v. Orr, 126 N.C. 674, 36 S.E. 150. These elements are: (1) The intent by Dr. Earle to give to her the shares of stock so as to divest himself immediately of all right and title to and control of the stock; and (2) the delivery, actual or constructive, of the stock certificate...

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