In Re the Estate of Trierweiler

This appeal involves the propriety of an equitable lien of $12,750 granted to a surviving spouse (respondent) on the deceased’s separate real property.

The two adult children of Roy Trierweiler, deceased, challenge the final account and decree of distribution entered in his estate, the effect of which was to distribute his entire estate (largely his separate real property) to his surviving spouse, Phyllis Trierweiler.

Roy Trierweiler died intestate on June 22, 1967. The decedent was survived by his third spouse, Phyllis Trierweiler (administratrix), whom he had married on February 19, 1960,…