In Matter of Estate of Malliet

HOWE, Justice:

The personal representative of the estate of Ervin Frank Malliet, deceased, appeals from an order of the district court that she deliver to one John Black a quitclaim deed to certain real property.

Black filed in the court below a claim against the estate of the decedent seeking to require the personal representative to turn over to him a deed to the rear portion of two city lots owned by the deceased. Title to the lots stood in the name of the deceased at the time of his death. Black alleged that the quitclaim deed had been prepared and executed by the decedent in his lifetime…