Eagleson v. Viets

NEAL, Judge.

STATEMENT OF THE CASE

Defendant-appellant Jean W. Eagleson (Eagleson), personal representative to the estate of Lydia Wilkinson Viets, Deceased (Decedent), appeals from a decree entered in the Posey Circuit Court sustaining claimant-appellee Percy Viets’ (Husband) objection to the Final Accounting and distributing to the Husband a surviving spouse allowance of $8,500 as provided by Ind.Code 29-1-4-1.

We affirm in part and remand.

STATEMENT OF THE FACTS

The Decedent died testate on June 25, 1979, and Eagleson, upon filing the Final Report in the administration of the decedent’s estate,…