Holien v. Trydahl

On petition for rehearing.

STRUTZ, Judge.

The plaintiff has filed a petition for rehearing, claiming that the right to have first opportunity to buy any of the property devised to other devisees is an option, and therefore a mere privilege, citing the decision of this court in Larson v. Wood, 75 N.D. 9, 25 N.W.2d 100. He further claims that, as an option, it is not a condition limiting the right of alienation.

We do not believe that the provision in the will creates an option. An option is an agreement by which the owner of property gives to another the privilege of buying the property “at a…