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IN RE ESTATE OF MALBROUGH

No. 1-00-2765.

768 N.E.2d 120 (2002)

329 Ill. App.3d 77

263 Ill.Dec. 360

In re ESTATE OF Ira D. MALBROUGH, Deceased (David J. Malbrough, Petitioner-Appellant, v. Graciella Malbrough, Respondent-Appellee).

Appellate Court of Illinois, First District, Second Division.

March 29, 2002.

Attorney(s) appearing for the Case

Chuhak & Tecson, P.C., Chicago (Barry A. Feinberg and Daniel F. Marren, of counsel), for Appellant.

Gino P. Naughton of Edward R. Vrdolyak, Ltd., Chicago, for Appellee.

Shawn P. Ryan of Chuhak & Tecson, P.C., Chicago (Barry A. Feinberg and Daniel F. Marren, of counsel), for the Estate of Malbrough.

Justice CAHILL delivered the opinion of the court:

Petitioner filed a complaint under section 2-6 of the Illinois Probate Act of 1975 (Probate Act) (755 ILCS 5/2-6 (West 1998)), to disqualify respondent from inheriting under decedent's will. The complaint was dismissed for failure to state a cause of action. We reverse and remand for further proceedings.

We note at the outset that neither respondent's motion nor the trial court's order specified whether the...

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