Estate of Quackenbush

Opinion

TAMURA, Acting P. J.

Under the terms of a lease executed during her lifetime by Marjorie W. Quackenbush (hereinafter decedent), the lessees (Sam and Philip Kelber) were granted a so-called “option to purchase” the leased property. After decedent’s death, the executors of her estate notified the Kelbers of their decision to sell the property on terms offered by the Kelbers’ sublessee, triggering the Kelbers’ exercise of their contractural “right of first refusal.” The executors reported the Kelbers’ election to purchase to the probate court and petitioned for an order confirming the sale…