In re Estate of Schlenker

Docket No. 96402–Agenda 12–January 2004.

In re ESTATE OF LEVI E. SCHLENKER, Deceased (Imogene Rodgers, Appellee, v. Troy Schlenker, Ex’r, et al. (Troy Schlenker, Appellant)).

Opinion filed April 1, 2004.

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 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…