relevancy in mind."
Exhibit D was a memorandum executed in decedent's handwriting on October 14, 1958, in response to inquiries directed to him about exhibit C which, in exhibit D, he said was prepared by defendant's husband and which he said he intended to destroy. Exhibit D indicates decedent had resources to pay the medical expenses. Defendant objected on the ground of materiality, and the court received the exhibit with the remark: "You are presenting an awfully close question of evidence here, but I am going to receive it."
Decedent had no bank accounts or any stocks in his name at the time of his death except the joint bank account here in question. No claims were filed by the University of Minnesota Hospitals or the Veterans Administration and thethird person to hold the certificates and to deliver them to the defendant on decedent's death. The opinion recites that decedent had written a letter to the defendant in which he stated "that he had transferred this stock to her." The trial court's finding of an absolute gift with enjoyment postponed was affirmed. In the instant case the decedent also made actual delivery to a third person, Mr. Bennitt, the stockbroker, but the only instructions he gave to the broker were "to have the securities transferred to his sister's account," decedent having already endorsed the certificate to defendant for that purpose in an appropriate manner. In my opinion, the surrounding circumstances under the present state of the record require a finding that there was sufficient delivery. Decedent never