Minn. St. 525.391 "to set aside the fraudulent transfer to Defendant." In his opening statement, counsel for plaintiff reiterated that transfers from decedent to defendant were for "safekeeping" and "for the purpose of preserving it [the bank account] from creditors." In the course of examining the plaintiff, his counsel stated to the court that his inquiry was material "insofar as the cause of action concerning the transfer of assets to defraud creditors is concerned." In examining the assistant chief registrar of the Veterans Administration Hospital, counsel for plaintiff elicited testimony that a person able to pay for treatment would not be admitted and that decedent was in fact admitted. To the same effect was the testimony of the record librarian of the University of Minnesota Hospitals who statedthat her records disclosed that Mr. Brennan was an indigent patient. The trial court made a finding as follows:
"In December, 1956, Earl E. Brennan learned that he had cancer of the throat and during that month he made a number of out-patient *546 visits to the University Hospital and made tentative arrangements for an operation for this condition at this hospital. During these visits he represented that he was financially unable to pay the expenses of the operation and it was suggested that he arrange to be admitted as a county patient. At the time Earl E. Brennan was able to pay for such operative expenses as he was then the owner of certain stock worth about $10,000, moneys in excess of $3,000, and he was receiving certain