Reno v. Reno

RAPER, Justice.

This appeal arises from an order granting a motion for a judgment on the pleadings. Two issues need be considered on appeal. The first concerns the creation of a special testamentary power of appointment. We must decide whether a mineral deed executed pursuant to a property settlement agreement conveyed a life estate with a special testamentary power of appointment or conveyed a fee simple absolute. Finding the former, we then must consider whether the property is included in testator’s estate for purposes of computing the statutory one-fourth share of a spouse making an…