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IN RE ESTATE OF SCHLENKER

No. 96402.

808 N.E.2d 995 (2004)

209 Ill.2d 456

283 Ill.Dec. 707

In re ESTATE OF Levi E. SCHLENKER, Deceased (Imogene Rodgers, Appellee, v. Troy Schlenker, Ex'r, et al.; Troy Schlenker, Appellant.

Supreme Court of Illinois.

April 1, 2004.

Attorney(s) appearing for the Case

Richard Kruger, of Kruger, Henry & Hunter, Metropolis, for appellant.

No appearance for appellee.

Justice RARICK delivered the opinion of the court:

Imogene Rodgers filed a petition in the circuit court of Union County pursuant to section 8-1 of the Probate Act of 1975 (755 ILCS 5/8-1 (West 2002)) to contest the validity of her father's will. The executor of the father's estate moved to dismiss Imogene's petition under section 2-619(a)(9) of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2002)) based on lack...

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