Firebaugh v. Whitehead

In this appeal, we consider whether Charles F. and Martha A. Whitehead (collectively, “the Whiteheads”) possess a valid and enforceable right of first refusal to purchase property owned by the estate of Martha F. Sowers (“Sowers”). We further consider whether the right, if valid and enforceable, is binding upon the co-executors of Sowers’ estate, William C. Firebaugh (“Firebaugh”) and Evelyn O. Carlson (“Carlson”) (collectively, “co-executors”).

I. Facts and Proceedings Below

On July 22, 1987, Sowers conveyed approximately 13.77 acres of land by deed to the Whiteheads. On August 7, 1987, Sowers…