In re Estate of Gallagher

              FIRST DIVISION
June 30, 2008
No. 1-07-1744
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).
)))))))))))))
Appeal from
the Circuit Court
of Cook County
No. 05 P 4461
Honorable
James W. Kennedy,
Judge Presiding.
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. The trial
court held: (1) Gallagher had been released from individual liability on the notes by a settlement
agreement among the parties; (2) the Uniform Partnership Act (the Act) (805 ILCS 205/1 et seq.
(West 2000) negated Gallagher's individual liability and that of his estate; and (3) petitioners'
acceptance of partial payment on the notes from G&H Entities after Gallagher's death amounted
to an implied agreement to release the estate. Because we believe the trial court misread the