N.C.P.I.—Civil 806.03

The (state number) issue reads:

"Did the plaintiff make a gift of the (name personal property) to the

defendant?"

On this issue the burden of proof is on the defendant. This means

that the defendant must prove, by the greater weight of the evidence,

two things:

First, that the plaintiff had the intent 2 to give up all his ownership

and control of the (name personal property) immediately.3 Intent is a

determination to act in a certain way or to do a certain thing. Every

person is presumed to have intended the natural and probable

consequences of his voluntary actions.

And Second, that the plaintiff [actually] [constructively] delivered

the (name personal property) to the defendant. 4 [Actual delivery occurs

when there is a direct transfer to another of ownership and control of

something.] [Constructive delivery occurs when, although there is no

actual delivery, ownership and control of something is indirectly

transferred.5]

Finally, as to this issue on which the defendant has the burden of

proof, if you find by the greater weight of the evidence that the plaintiff

made a gift of the (name personal property) to the defendant, then it

would be your duty to answer this issue "Yes" in favor of the defendant.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the plaintiff.