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IN RE ESTATE OF SCHLENKER

No. 5-02-0360.

789 N.E.2d 456 (2003)

338 Ill. App.3d 761

273 Ill.Dec. 556

In re ESTATE OF Levi E. SCHLENKER, Deceased (Imogene Rodgers, Petitioner-Appellant, v. Troy Schlenker, Executor of the Estate of Levi E. Schlenker, Deceased, and Residuary Legatee of the Last Will and Testament of Levi E. Schlenker, and Bradley Schlenker and Ashley Schlenker Funk, as Heirs of Levi E. Schlenker, Deceased, Respondents-Appellees).

Appellate Court of Illinois, Fifth District.

May 2, 2003.

Attorney(s) appearing for the Case

Patrick M. McCann, McCann & Associates, Murphysboro, for Appellant.

Richard Kruger, Kruger, Henry & Hunter, Metropolis, for Appellees.

Justice MAAG delivered the opinion of the court:

Imogene Rodgers filed a petition challenging the will of Levi E. Schlenker in the circuit court of Union County, Illinois. The executor filed a motion to dismiss the petition, claiming that Imogene was not an "interested person" and lacked standing to contest the will. The circuit court granted the motion and Imogene appealed.

Levi E. Schlenker (the testator) died on July 16, 2001. He was survived by two adult...

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