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IN RE ESTATE OF STERN

No. 1-91-2645.

608 N.E.2d 534 (1992)

240 Ill. App.3d 834

181 Ill.Dec. 461

In re ESTATE OF Lotta Rosalind STERN, Deceased (The People of the State of Illinois ex rel. Roland W. Burris, Attorney General of Illinois, Petitioner-Appellant, v. Wanda A. Gibbs, Individually and as Independent Executor of the Estate of Lotta Rosalind Stern; American Red Cross, Mid-American Chapter; Saint Jude Temple; Linda Haygood; Heart Association of Chicago; Glencoe Public Library; the Lotta R. Stern Trust Dated May 23, 1980; the Northern Trust Company, as Successor Trustee of the Lotta R. Stern Trust Dated May 23, 1980; American Cancer Society-Illinois Division; Art Institute of Chicago; the Ravinia Festival Association; Orchestral Association; Field Museum of Natural History; and Unknown Heirs, Respondents-Appellees).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 28, 1993.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Chicago (Jennifer A. Keller, Asst. Atty. Gen., of counsel), for petitioner-appellant.

Etta J. Cole, Chicago, for respondents-appellees.

Presiding Justice JIGANTI delivered the opinion of the court:

This appeal arises from an action filed by the Attorney General of Illinois seeking to contest the will of Lotta Stern. The trial court granted the Stern estate executor's section 2-619(a)(9) motion to dismiss based upon the executor's affirmative defense that the Attorney General lacked standing to bring the action. The central issue on appeal is whether the Attorney General has standing to file a will...

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