Holloway v. Wachovia Bank & Trust Co.

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 proof is upon plaintiff to show each element of the gift inter vivos. Fesmire v. First Union Nat. Bank of N.C., 267 N.C. 589, 148 S.E.2d 589…