Estate of Pelzman

Summary

The Montana Supreme Court dismissed an heir's appeal concerning his purported testamentary option to purchase estate property. The court held that the six-year delay in appealing the district court's order was barred by the equitable doctrine of laches, because the appellant was aware or presumptively aware of his rights and provided no plausible explanation for the delay. The appeal was dismissed with prejudice.

Holdings

1. The appeal was barred by the doctrine of estoppel by laches because the appellant was aware, or should have been aware, of his rights and offered no plausible explanation for his six-year delay in appealing.

Questions Presented

1. Whether the appellant's six-year delay in appealing the District Court's order barred the appeal under the doctrine of estoppel by laches.
2. Whether the appeal should be dismissed with prejudice because permitting the late appeal would inequitably prejudice the Estate.

Disposition

dismissed