Waters v. Jennings

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 they converted it from a tenancy in common to a joint tenancy.

In 1961 Henry executed his last will in which he left $60,000 to his son Ronald (apparently in accordance with a previous settlement agreement with his first wife), $100 to his stepdaughter Jacqueline Wadsworth, and made this provision for his daughter Virginia: “Fifth. I will and bequeath to my daugther Virginia Jennings one half ownership in the property located at 1304-38th. Street, San Diego, California, hereinafter described as Lots One to Eighteen, Block Thirty Six, Marilou Park and direct that necessary legal papers be drawn…