In re Estate of Schlenker

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 of standing. The motion to dismiss was granted. The appellate court reversed and remanded. 338 Ill. App. 3d 761. We granted the executor’s petition for leave to appeal. 177 Ill. 2d R. 315. For the reasons that follow, we now affirm the appellate court’s judgment.

The pertinent facts are undisputed. The father, Levi E. Schlenker, died on July 16, 2001. His wife, Blanche, had predeceased him, as had two of the…