Matter of Estate of Erdahl

This is an appeal from a holding by the District Court that Alvin Erdahl, hereinafter appellant, failed to exercise an option “to take” contained in the Last Will and Testament of his mother, Inga Erdahl.

Inga Erdahl died on September 21, 1975, and is survived by eight children including appellant. Her Last Will and Testament, dated November 6, 1968, was prepared by and remained in the possession of attorney Jerry Wallender of Froid, Montana. The will named appellant as personal representative. On April 24, 1978, appellant filed the will with the District Court along with his application for…