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In re Estate of Bowman

Where parents of three children entered into agreements of sale with two children with respect to land, grant of two children's petitions to convey real estate affirmed; although children breached agreements by failing to pay taxes and insurance, estate was barred by laches from seeking to rescind agreements based on this breach.

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�1 This is an appeal from the final decree entered September 5, 2001, in the Bedford County Court of Common Pleas, granting Appellees’ petitions to convey real estate. *fn2 We affirm.

�2 The subject of this dispute is approximately 100 acres of land owned by Kenneth Bowman at the time of his death in October of 1999. The parties, Appellant Percy Bowman, and Appellees Merritt Bowman and Anna Marie Layton, are Bowman’s children and co-executors of his estate. Although their father’s will divides his estate equally among the siblings, *fn3 Appellees petitioned the court for delivery of the deed to this land based on agreements of sale executed in the late 1960′s.

�3 In 1968, Kenneth Bowman and his wife Verna entered into agreements of sale with Appellees, their son, Merritt Bowman, and their daughter, Anna Marie Layton. *fn4 Pursuant to the Agreements, Merritt was to receive over 300 acres of land, and Anna Marie was to receive over 200 acres of land for the purchase price of $6,666.66 each, payable in monthly installments of $74.00. Some of the land included in the Agreements was owned by the Bowmans at that time, the rest was purchased thereafter using the Agreements as collateral. The Articles of Agreement provided that title to the land would not pass until the death of the Bowmans. Moreover, the pre-printed part of the Agreements also obligated the purchaser to pay all taxes and insurance on the land.

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