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IN RE ESTATE OF GALLAGHER

No. 1-07-1744.

890 N.E.2d 1249 (2008)

In re ESTATE OF Robert E. GALLAGHER, Deceased. (Richard F. Henry and Edward J. Henry, Indiv. and as Trustees of the James Henry Revocable Trust for the Benefit of John Henry, Daniel Henry and Carol Anne Kamin, Petitioners-Appellants, v. Estate of Robert E. Gallagher, Respondent-Appellee).

Appellate Court of Illinois, First District, First Division.

June 30, 2008.

Attorney(s) appearing for the Case

Paul J. Walsen and Robert L. Wiesenthal of Bell, Boyd & Lloyd LLP, Chicago, for Appellants.

Howard K. Priess II, James K. Borcia and Michael J. Morrison of Tressler, Soderstrom, Maloney & Priess, LLP, Chicago, for Appellee.

Presiding Justice CAHILL delivered the opinion of the court:

This appeal arises out of the dismissal under section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2004)) of claims brought against the estate of Robert E. Gallagher. The claims were for money not yet due on promissory notes signed by Gallagher in his capacity as a managing partner of corporations known collectively as G & H Entities...

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