In the Matter of Estate of Hensley

ROBERTSON, Presiding Judge.

Robert Lewis Hensley (Robert), executor of his mother’s estate, brings this interlocutory appeal from an order of the probate court, which set aside the sale of a farm made pursuant to a provision in the will giving Robert “first refusal” to his mother’s “home place” at the “estate appraisal”.

We reverse and remand.

The relevant facts are that Mearl Hensley died testate and her will appointed Robert executor of her estate. The will also contained the following provisions:

IV. My son, Robert Lewis Hensley will have first refusal of the farm known as ‘the home place’ at…