Estate of Maguire v. McNutt

The opinion of the court was delivered by

Fontron, J.:

After our decision was handed down reversing the judgment of the district court, the appellees filed a motion for rehearing. This court granted the appellees’ motion on April 12, 1970, but limited the rehearing to the following issue:

“Must a testamentary option granted two or more optionees be exercised jointly by all optionees?”

In all other respects the motion for rehearing was denied. Our action in granting a limited rehearing was influenced by the fact that, as pointed out in the appellees’ motion, the precise question had not been…