McGregor v. Cusack

This appeal proceeds from the dismissal of an action for tortious interference with the expectancies of three petitioners under a former will of Norah Knowlson (Norah), deceased. The tort action is set forth in count V of a petition which contains additional grounds contesting Norah’s will, pursuant to section 8 — 1 of the Probate Act of 1975 (Act) (111. Rev. Stat. 1985, ch. lHP/a, par. 8 — 1).

On review we are asked to decide whether the timely filed and still pending will contest bars petitioners from maintaining a concurrent action against respondent, the sole legatee and appointee under a…