Fesmire v. FIRST UNION NATIONAL BANK OF NC

The burden of proof was upon the plaintiff to show each element of the gift inter vivos under which she claims. Cartwright v. Coppersmith, 222 N.C. 573, 24 S.E. 2d 246; Duckworth v. Orr, 126 N.C. 674, 36 S.E. 150. These elements are: (1) The intent by Dr. Earle to give to her the shares of stock so as to divest himself immediately of all right and title to and control of the stock; and (2) the delivery, actual or constructive, of the stock certificate endorsed by him. G.S. 55-75; Smith v. Smith, 255 N.C. 152, 120 S.E. 2d 575; Scottish Bank v. Atkinson, 245 N.C. 563, 96 S.E. 2d 837; Buffaloe…