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BENNETT v. DOVE

No. 14759.

277 S.E.2d 617 (1981)

Merle BENNETT et al. v. Robert DOVE et al.

Supreme Court of Appeals of West Virginia.

May 5, 1981.

Attorney(s) appearing for the Case

Geary & Geary and Dennis V. DiBenedetto, Petersburg, for appellants.

Sponaugle & Sponaugle and George I. Sponaugle II, Franklin, for appellees.

HARSHBARGER, Chief Justice:

Merle Bennett, Barbara M. Bennett, and Mabel Bennett brought this action against Robert Dove and others to void a conveyance from Robert Dove to two of his children. There was a "right of first refusal" clause contained in the 1956 deed by which Bennett conveyed the property to Dove, and Bennett also sought specific performance of that right. The trial court ruled that Dove's deed to the children was void because the preemptive right provision...

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