Estate of Toland

OPINION

KAUFFMAN, Justice.

This is an appeal from a final decree of the Orphans’ Court of Montgomery County construing the will and codicil of Robert Toland (“testator”).1 The principal issue presented is whether testator intended to make a gift of certain of his real estate known as “Aubrey” to the entities named in a codicil or whether he intended simply to create a right of first refusal to purchase the property. In a declaratory judgment proceeding initiated by appellants, trustees of *484testator’s residuary trust (“trustees”), the Orphans’ Court concluded that a gift was intended.2 We agree,…