In a case involving a will dispute, petitioner appealed from a trial court order finding that language in a codicil granting a tenant farmer a “right of first refusal” to purchase property owned by the decedent indicated the decedent’s intent that the tenant have an option to purchase the property following his death. The appellate affirmed, finding that the plain language of the codicil established that the tenant was required to first make a determination whether to purchase the property and only if he did not purchase the property would it then pass to the devisees. The appellate court further concluded that the tenant did not waive his right to purchase under the codicil because of discrepancies contained in the petition to sell. (WELCH and McHANEY, concurring)
Illinois Appellate Court
Civil Court
Right of First Refusal