Estate of Fernstrom

In proceedings instituted pursuant to section 1080 et seq. of the Probate Code, appellant sought a determination that she was the pretermitted daughter of Fritz O. Fernstrom, the decedent. In her petition she alleged that she was the only child of the decedent; that she was born in France in 1922 after her mother had procured an interlocutory decree of divorce from the decedent, but before rendition of the final decree; that decedent's will made no provision for her; that she had received no portion of decedent's property by way of advancement; and that decedent's omission to provide for her in his will was unintentional. On these allegations appellant sought to invoke the benefit of section 90 of the Probate Code:

"Section 90. Rights of children and grandchildren. When a testator omits to provide in his will for any of his children, or for the issue of any deceased child, whether born before or after the making of the will or before or after the death of the testator, and such child or issue are unprovided for by any settlement, and have not had an equal proportion of the testator's property bestowed on them by way of advancement, unless it appears from…