Bennett v. Dove

Harshbarger, Chief Justice:

Merle Bennett, Barbara M. Bennett, and Mabel Bennett brought this action against Robert Dove and others to void a conveyance from Robert Dove to two of his children. There was a “right of first refusal” clause contained in the 1956 deed by which Bennett conveyed the property to Dove, and Bennett also sought specific performance of that right. The trial court ruled that Dove’s deed to the children was void because the preemptive right provision had been violated.

The clause was: “It was understood and agreed between the parties hereto that ... in the event the party…