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HOLIEN v. TRYDAHL

No. 8158.

134 N.W.2d 851 (1965)

Norman HOLIEN, Plaintiff and Appellant, v. Targie TRYDAHL, Administrator of the Estate of John Holien, Deceased, Caroline G. Holien, Kenneth John Holien, Carol Erickson, Ruth Holien, Shirley Holien, Betty Holien, Margaret Holien, and Sondra Holien, heirs at law of John Holien, Deceased, Olga Torgerson, Ray Wentzel, Executor of the Estate of Augusta Holien, Deceased, and Harland [sic] L. Holien, Defendants and Respondents.

Supreme Court of North Dakota.

Rehearing Denied April 3, 1965.

Attorney(s) appearing for the Case

Stokes, Vaaler, Gillig & Warcup, Grand Forks, for plaintiff and appellant.

Letnes, Hansen & Murray, Grand Forks, for defendants and respondents except Ray R. Wentzel, executor of estate of Augusta Holien.

STRUTZ, Judge.

Augusta Holien died leaving a will devising her real estate to various heirs. After the terms of the will which disposed of all of her property, she added a further clause, designated as Section 11, which reads as follows:

"It is my further will that my son Norman shall have the first right to purchase any of the real estate which constitutes an asset of my estate, provided the same is put up for sale by

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