Lamus

George Engwicht, plaintiff’s minor, was adjudged to be the owner of forty-three shares of the capital stock of the State Bank of Dunsmuir and was awarded the possession thereof.

Separate notices of appeal from the judgment were filed by the executors and by the bank, but, as both appeals are presented upon the same transcript and practically the same points for reversal of the judgment are urged by all the appellants, we will consider the appeals together.

As the names of the plaintiff’s minor and the deceased whose estate he is suing are the same, we will herein refer to these parties as the minor and the decedent.

The facts are undisputed and are as follows: The decedent was the uncle of the minor and was, prior to his death, which occurred on the thirty-first day of January, 1916, the owner of considerable stock of the defendant bank,"of which he had ■been president. The certificates representing his shares of stock, as well as other papers and securities, were kept by him in a safe deposit box in the vaults of the defendant bank. For some years prior to and at the time of his death, decedent resided at Dunsmuir and the minor lived with his parents at Keswick, in Shasta…