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HUSKINS v. HUSKINS

No. COA98-1147.

517 S.E.2d 146 (1999)

In re Elizabeth V. HUSKINS, Individually and as Executrix of the Estate of David H. Huskins, Plaintiff, v. Scott E. HUSKINS; James C. Huskins; Lisa H. Moore; Cynthia H. Sitton; Jonathan Huskins, a minor by and through his guardian ad litem, David P. Huskins; Joe D. Huskins, Defendants.

Court of Appeals of North Carolina.

July 6, 1999.

Attorney(s) appearing for the Case

Carnes and Franklin, P.A., by Hugh J. Franklin, Marion, for plaintiff-appellee Elizabeth V. Huskins.

Adams Hendon Carson Crow & Saenger, P.A., by Philip G. Carson and Joy Gragg, Asheville, for defendant-appellants Scott E. Huskins, James C. Huskins, Lisa H. Moore, Cynthia H. Sitton; and Jonathan Huskins, by David P. Huskins, guardian ad litem.

HORTON, Judge.

The issues in this case are whether: (I) mailing the combination to the safe constituted a completed gift of the contents of the safe to Mrs. Huskins; (II) the check mailed to Scott was a completed gift to Mrs. Huskins; and (III) the cash found on decedent's body was a "personal effect" and passed to Mrs. Huskins under decedent's will.

I

Defendants argue that decedent's act of mailing the combination to the safe was not a gift of the...

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