A person may make a valid gift inter vivos with the right of enjoyment in the donee postponed until the death of the donor. *151Tbe rule governing sucb gifts is stated in American Jurisprudence as follows :
“It is, of course, competent for an owner of personal property to make, and be may make, a valid gift thereof, with tbe right of enjoyment in tbe donee postponed until tbe death of tbe donor, if tbe subject of tbe gift is delivered to a third person, with instructions to deliver it to tbe donee on tbe donor’s death, and if tbe donor parts with all control over it, reserves no right to recall it, and intends thereby a final disposition of tbe property. In sucb a case, where tbe gift is absolute, postponement of tbe delivery and enjoyment of tbe gift does not necessarily prevent tbe passing of a present interest, even though possession by tbe donee is not obtained until after tbe donor’s death.” 24 Amer. Jur., 149.
This rule has been approved and adopted in this jurisdiction. Parker v. Ricks, 53 N. C., 447; Handley v. Warren, 185 N. C., 95, 116 S. E., 168. See also Anno. 3 A. L. R., 902; 60 A. L. E., 1055.
Durham testified in part that Mary Eliza McCullen, at tbe time she delivered tbe money to him, said: “I want you to take this money and keep it until I die, and when I die I want you to give it to my two sisters.” This evidence, together with tbe other facts and circumstances appearing from tbe testimony, when considered in tbe light most favorable to tbe plaintiff, is amply sufficient to require tbe submission of appropriate issues to tbe jury.
It is true that Durham, on cross-examination, made statements which are in conflict with and tend to contradict bis testimony given on direct examination. These statements were in large measure an attempt on bis 'part to give bis interpretation of tbe effect of bis transaction with tbe donor. At most they only tend to weaken bis former testimony. They do not warrant a withdrawal of tbe case from tbe jury. It must determine tbe weight and credibility of tbe evidence. Hadley v. Tinnin, 170 N. C., 84, 86 S. E., 807; Tomberlin v. Bachtel, 211 N. C., 265, 189 S. E., 769, and cases cited.
Appellant, Administratrix, is custodian of tbe fund. She must account to tbe true owners. Hence, evidence tending to show ownership in plaintiff and tbe administrator of her deceased sister was competent.
Tbe case is one of fact, and tbe jury has weighed tbe evidence and rendered its verdict in a trial free from error. Its verdict is conclusive.
No error.