Helen I. Mollendorf v. George Derry Et Al‪.‬

The parties to this action in the district court were the heirs (seventeen nieces and nephews) of Charles Miller, and the administrator of Miller's estate. Plaintiff-respondent Helen I. Mollendorf, a niece, brought the action to quiet title to 160 acres of Benewah County land, relying on a deed executed by her uncle, Charles Miller, which purported to convey the land and also the personal property contained in the dwelling house to her. The administrator and certain of the heirs contested the action. After trial to the court, judgment was entered in favor of respondent Mollendorf. Thereafter a motion for new trial was denied. Eleven of the heirs, but not the administrator of the estate, appeal from the judgment and order denying a new trial, raising nine assignments of error. Charles Miller, the uncle, died intestate on October 25, 1968. For several years prior to his death Miller had been in poor physical health, having undergone several major surgical operations. In September, 1967, Miller was recuperating from a leg amputation and staying with his niece, Helen Mollendorf. While staying in her home, on September 5, 1967, Miller executed a quitclaim deed to his 160 acre ranch and the house and outbuildings situated thereon together with the personal property in the buildings. Miller retained a life estate for himself.