Fisher v. Fisher

The primary question in this appeal 2 is whether the right of first refusal contained in a 1973 deed from Ann Fisher (Ann) to her in-laws, William and Gertrude Fisher, survived the death of both William and Gertrude. The operative clause of the deed provides:

“In the event that the grantees or either of them wishes to sell the above property they agree first to give the grantor herein the right of first refusal at a price no greater than $40,000.”

A judge of the Probate Court, on a statement of agreed facts, held (1) that the preemptive right held by Ann was extinguished by the death of her…