IN RE ESTATE OF MOHR

No. 1-04-0130.

830 N.E.2d 810 (2005)

294 Ill.Dec. 398

In re ESTATE OF John MOHR, Deceased (Wilma Thinschmidt, Petitioner-Appellant, v. Thomas Cartalino, as Executor of the Estate of John Mohr, Deceased, and as Legatee and Individually, Respondent-Appellee).

Appellate Court of Illinois, First District, Fourth Division.

June 9, 2005.


Attorney(s) appearing for the Case

Janna Dutton & Associates, P.C., Chicago (Janna Dutton, of counsel), for Appellant.

Kogut & Associates, Des Plaines (A. Charles Kogut, of counsel), for Appellee.


Justice QUINN delivered the opinion of the court:

Wilma Thinschmidt filed a petition in the circuit court of Cook County pursuant to section 8-1 of the Illinois Probate Act of 1975 (755 ILCS 5/8-1 (West 2002)) to contest the validity of her brother's will. The executor of the brother's estate moved to dismiss Thinschmidt's petition under section 2-619(a)(5) of the Illinois Code of Civil Procedure (735 ILCS 5/2-619(a)(5...

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