Waters v. Jennings

Opinion

AULT, J.

Virginia Jennings, the daughter of Henry John Waters, appeals from a decree of final distribution in her father’s estate under which she received nothing. She contends her father’s self-drawn will required his widow to elect between taking under the will or receiving other property which vested in her as the result of her husband’s death. In the alternative, Virginia claims she is entitled to share in the estate as a pretermitted heir.

The testator, Henry John Waters, and his wife, Georgia Elizabeth Waters, owned real property located at 1304 - 38th Street in San Diego. In 1955…