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HOLLOWAY v. WACHOVIA BANK & TRUST CO.

No. 11PA92.

423 S.E.2d 752 (1992)

333 N.C. 94

Timothy S. HOLLOWAY, Jr. v. WACHOVIA BANK & TRUST COMPANY, N.A. and WACHOVIA BANK & TRUST COMPANY, N.A. v. Marcia Crisp COLEMAN.

Supreme Court of North Carolina.

December 18, 1992.

Attorney(s) appearing for the Case

Maupin Taylor Ellis & Adams, P.A. by Karon B. Thornton 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.

WHICHARD, Justice.

On 13 October 1975, Wachovia Bank ("Wachovia") issued a $20,000.00 certificate of deposit to "Timmy S. Holloway, Jr., by Rountree Crisp, Sr., Agent." At the time Timmy ("Timothy") was a six-year-old minor. Crisp died on 5 April 1978. At Crisp's death, the certificate of deposit in Timothy's name with Crisp as agent was found in Crisp's safe deposit box, along with two other certificates of deposit. One was in the name of "Rountree Crisp, agent for...

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