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In re Estate of Pigott
Court of Appeals of Illinois, First District, Fifth Division
August 16, 2019
In re ESTATE OF KENNETH G. PIGOTT, Deceased
Jane DiRenzo Pigott and David Ramon, as Independent Co-Executors of the Estate of Kenneth G. Pigott, Deceased, and Co-Trustees of the Kenneth G. Pigott Trust Under Agreement Dated December 22, 1989, as Amended, Respondents-Appellees. Christine Brown, Ann Durham, Amy Pot, John Pigott, Steven Pigott, and Katherine Pigott, Each Individually and as Heirs of Kenneth G. Pigott, Petitioners-Appellants,
from the Circuit Court of Cook County. No. 15 P 1902
Honorable Karen L. O'Malley, Judge, presiding.
PRESIDING JUSTICE ROCHFORD delivered the judgment of the
court, with opinion. Justices Hoffman and Lampkin concurred
in the judgment and opinion.
ROCHFORD, PRESIDING JUSTICE
1 Petitioners, Christine Brown, Ann Durham, Amy Pot, John
Pigott, Steven Pigott, and Katherine Pigott, each
individually as an heir of Kenneth G. Pigott (Kenneth),
appeal the circuit court's order dismissing their claims
against Kenneth's estate under sections 12-108 and 2-1602
of the Code of Civil Procedure (Code) (735 ILCS 5/12-108,
2-1602 (West 2016)). We reverse and remand for further
2 For ease of analysis, we begin by setting forth the
sections of the Code relevant to this appeal.
3 Section 12-108(a):
"Except as herein provided, no judgment shall be
enforced after the expiration of 7 years from the time the
same is rendered, except upon the revival of the same by a
proceeding provided by Section 2-1601 of this Act
***." Id. § 12-108(a).
4 Section 2-1601:
"Scire facias abolished. Any relief which heretofore
might have been obtained by scire facias may be had by
employing a petition filed in the case in which the original
judgment was entered in accordance with Section 2-1602."
Id. § 2-1601.
5 Section 2-1602:
"(a) A judgment may be revived by filing a petition to
revive the judgment in the seventh year after its entry, or
in the seventh year after its last revival, or in the
twentieth year after its entry, or at any other time within
20 years after its entry if the judgment becomes dormant ***.
(b) A petition to revive a judgment shall be filed in the
original case in which the judgment was entered. The petition
shall include a statement as to the original date and amount
of the judgment, court costs expended, accrued interest, and
credits to the judgment, if any.
(d) An order reviving a judgment shall be for the original
amount of the judgment. The plaintiff may recover interest
and court costs from the ...