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BAKER v. COX

No. 858SC195.

335 S.E.2d 71 (1985)

John BAKER v. Johnnie Lee COX, Individually and as Executor of the Estate of James Graham (Reverend James A. Graham) and First American Federal Savings and Loan Association.

Court of Appeals of North Carolina.

October 15, 1985.

Attorney(s) appearing for the Case

Harrison & Heath by Fred W. Harrison, Kinston, for plaintiff, appellant.

Joretta Durant, Kinston, for defendant, appellee Johnnie Lee Cox.

Allen, Hooten & Hodges, P.A. by John M. Martin, Kinston, for defendant, appellee First American Federal Sav. & Loan Ass'n.

HEDRICK, Chief Judge.

Plaintiff calls upon us to determine the validity of a tentative or "Totten" trust in North Carolina. In jurisdictions which recognized them, tentative trusts are created when a deposit is made by the depositor in his own name in trust for another. See In re Totten, 179 N.Y. 112, 71 N.E. 748 (1904). The parties to this action cite Wescott v. Bank, 227 N.C. 39, 40 S.E.2d 461 (1946), Ridge v. Bright, 244 N.C...

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