C. F. O'Berry v. Celestine E. Gray

In 1965 George and Theola Wilkerson owned a large tract of land on which they and a relative resided. Appellants wanted to purchase the entire tract, but the Wilkersons wanted to reserve two tracts of two acres each upon which their residence and the relative's separate residence were located. A written agreement was negotiated under which the appellants bought the entire tract excepting the two tracts of two acres each, and as a part of the purchase consideration, appellants received two option agreements relating to the two reserved two-acre parcels. By one of the option agreements, the Wilkersons granted the appellants ""the privilege of purchasing upon the death of the survivor of us"" the Wilkersons' two acres for the sum of $5000. The agreement further provided the option would notification of continue for 60 days after/our death, and shall thereupon cease, terminate, and become null and void unless the Optionee shall within 60 days after the death of the survivor of us, notify the survivor's personal representative or his or her heirs, in writing that the Optionees desire to exercise this Option . . . . In 1976, after George died, Theola quitclaimed the two-acre tract to appellee Celestine E. Gray. On January 18, 1982, Theola died and appellants promptly received notice of her death and timely and duly exercised their option to purchase. Appellees, heirs of Theola, refused to convey and appellants filed suit to have the option agreement reformed to correct a scrivener's error in the property description and for specific performance of the option agreement. The trial court entered a summary judgment in favor of the heirs and the appellants/optionees appeal.