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IN RE ESTATE OF BAUMGARTEN

No. 1-11-2155.

975 N.E.2d 651 (2012)

363 Ill. Dec. 625

In re ESTATE OF Robert L. BAUMGARTEN Deceased (Craig Baumgarten, Ross Baumgarten, and Karen Sundheim, Petitioners-Appellants, v. Marlene G. Baumgarten and Charles Harris, Respondents-Appellees).

Appellate Court of Illinois, First District, Third Division.

July 18, 2012.

Attorney(s) appearing for the Case

David A. Novoselsky and Edward J. Stawicki , Novoselsky Law Offices, Chicago, for appellants.

Daniel J. Poltasek , Laura A. Brake , and Jonathan S. Sabol , Katten Muchin Rosenman LLP, Chicago, for appellees.

OPINION

Justice MURPHY delivered the judgment of the court, with opinion.

¶ 1 Petitioners, Craig Baumgarten, Ross Baumgarten, and Karen Sundheim, appeal from an order of the circuit court of Cook County dismissing with prejudice their petition to set aside the will and revocable trust of Robert G. Baumgarten. On appeal, petitioners contend dismissal was inappropriate because the petition alleges sufficient facts to state a cause of action for undue...

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