Neuschafer v. McHale

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.

Our initial concern is the scope of our review. A declaratory judgment proceeding may be legal or equitable in character. Kuhn v. Heerwagen, 43 Or App 755, 757 n 1, 604 P2d 416 (1979). If it is…