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HOLLOWAY v. WACHOVIA BANK & TRUST CO.

No. 915SC294.

410 S.E.2d 915 (1991)

Timothy S. HOLLOWAY, Jr., Plaintiff, v. WACHOVIA BANK & TRUST COMPANY, N.A., Defendant. WACHOVIA BANK & TRUST COMPANY, N.A., Third-Party Plaintiff, v. Marcia Crisp COLEMAN, Individually and in her capacity as Administratrix of the Estate of Rountree Crisp, Sr., Third-Party Defendant.

Court of Appeals of North Carolina.

December 3, 1991.

Attorney(s) appearing for the Case

Maupin Taylor Ellis & Adams, P.A. by Karon B. Thornton, Daniel K. Bryson and James E. Gates, Raleigh, for plaintiff-appellant.

Stevens, McGhee, Morgan, Lennon & O'Quinn by Richard M. Morgan, Wilmington, for defendant-appellee.

No brief filed by third-party defendant Marcia Crisp Coleman.

ARNOLD, Judge.

Plaintiff contends the trial court erred in denying his motion for summary judgment and allowing defendant's motion for summary judgment as to the proceeds of the certificate of deposit issued to "Timmy S. Holloway, Jr. by Rountree Crisp, Sr., Agent." No triable issue of fact exists and neither party disputes the case is appropriate for summary judgment.

Ownership of the certificate of deposit is controlled by the law of gifts. The burden of...

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