Kidder v. Olsen

Plaintiff Dorothea Kidder, a devisee under the will of the decedent, Newell A. Lawley, appeals from a declaratory judgment that, pursuant to the terms of decedent’s will, defendant Heather Gartin has the right to purchase decedent’s farm for $46,160, which represents one-half of the property’s tax-assessed value at the time of decedent’s death.1 We conclude that the trial court correctly construed the will and that Gartin’s failure to tender that price within 180 days of decedent’s death was excused and, thus, did not preclude Gartin’s entitlement to purchase. Consequently, we affirm.

The…