NEUSCHAFER v. McHALE

81-1542; CA A31222.

709 P.2d 734 (1985)

76 Or.App. 360

Eulalia NEUSCHAFER and Eulalia D. James, Appellants, v. James McHale, Respondent, American Telephone and Telegraph Company, a Corporation, Defendant.

Court of Appeals of Oregon.

Decided November 14, 1985.


Attorney(s) appearing for the Case

Allyn E. Brown, Newberg, argued the cause for appellants. With him on briefs were Brown and Tarlow, Newberg.

Kaye D. Brand, McMinnville, argued the cause for respondent. With him on brief were Craig, Brand and Lake, McMinnville.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


YOUNG, Judge.

In this declaratory judgment action, the trial court declared that defendant McHale, "by virtue of a gift of a future interest therein," acquired title to 1,103 shares of stock in American Telephone and Telegraph Company (AT&T) and two dividend reinvestment accounts. Plaintiffs appeal and contend that they did not possess the requisite donative intent to make a valid gift inter vivos. We reverse.

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