- Ag Docket
(will construction case involving separate wills executed by husband and wife in 1976 that left farmland to couple's ten children and granted a son the first option to buy the land at a 20 percent discount; father died in 1981 and son entered into contract with mother and siblings to buy 80 acres; contract eventually forfeited and land conveyed back to owners; mother executed new will in 2006 which excluded 5 children and also included son's purchase option; mother died in 2009; five excluded children brought declaratory judgment action claiming that parents executed contractual or mutual wills in 1976 which invalidated mother's 2006 will, and that son's purchase and forfeiture had distinguished his right to buy real estate at discount after mother died; court held that 1976 wills not determined to be contractual or mutual because neither will had any language even suggesting that they created any such agreement between the couple , and that son did not give up right to acquire farmland at 20 percent discount because contract did not indicate purpose to abandon opportunity to later purchase land at a discount).
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