In Re EGBERT R SMITH TRUST

{concurring). I concur in the majority’s result on the basis of the language of the parties’ lease agreement. The agreement characterizes petitioners’ right to purchase as an “option” that would be triggered by a notice from respondent that she had received a bona fide third-party offer to buy the property. Therefore, the lower courts did not err in holding that the right became an irrevocable option to buy once respondent notified petitioners that she intended to accept a third party’s offer. I write separately to clarify that a right of first refusal does not always become an irrevocable…