an attorney himself, must have had some doubt in his own mind as to whether Earl had complied with all of the requirements necessary to make a gift of the stocks inasmuch as his testimony indicates that on different occasions he told Earl, in connection with the matter, that he should put something in writing.
In the record is also plaintiff's exhibit C prepared sometime in October 1957 by Mr. Carroll purporting to be an unsigned memorandum from Earl to his sister Evelyn. That exhibit would indicate, for whatever it is worth, that some 10 months after Earl was supposed to have made the gift of the stocks to Evelyn on December 28, 1956, there was still some doubt in her husband's mind that Earl had given Mrs. Carrolla bank account and various corporate stock certificates assigned to Mrs. Carroll by decedent during his lifetime.
The evidence discloses that decedent was an unmarried man who worked many years as an employee of the Post Office Department. He left surviving him his brother, John; his sisters, Evelyn Carroll, Cecil McWhinney, Bernice Kunz, and Phyllis Paul; and various nephews and nieces.
In the year 1956 Earl Brennan's illness was diagnosed as cancer of which he ultimately died on December 14, 1958. On Christmas Day 1956 he visited Mrs. Carroll and had dinner with her family, at which time defendant's husband, Lynn Carroll, discussed with decedent the advisability of Earl's receiving medical treatment either at the University of Minnesota Hospitals or at the Veterans Administration Hospital.
Decedent had outpatient treatment at the