Estate of Quackenbush

In Estate of Quackenbush (1975) 53 Cal.App.3d 751, the decedent during her lifetime had executed a lease (as lessor) which contained the following provision: "'In the event of a contemplated sale of the premises during the demised term, Lessor agrees to give Lessee a notice in writing, at least ten (10) days from the contemplated sale, of substance of terms on which it is proposed to be made . . . thereupon, within ten days from the receipt of such notice, the Lessee shall have the right to purchase the premises upon the terms and conditions proposed . . . .'" ( Id., at pp. 753-754.) After she died, her executors notified the lessees that they contemplated sale of the property for $ 65,000, subject to "'confirmation of the court'"; and the lessees elected, in accordance with the lease provision, to purchase on those terms. ( Id., at p. 754.) The executors in Quackenbush then filed a return in the probate court and petitioned under Probate Code section 785 for confirmation of the sale. The lessees filed a petition under Probate Code section 850 for a decree directing conveyance of the property to them for $ 65,000. The probate court denied the lessees' petition and, at the confirmation hearing, received a high bid of $ 68,750 from a third party. The court then continued the hearing for 10 days, in recognition of the first refusal provision in the lease, to give the lessees an opportunity to meet the higher bid. The lessees declined to do so, and the trial court confirmed the sale to the third party who had submitted the high bid. (53 Cal.App.3d at p. 754.)