Boniface v. Boniface

I concur in the judgment reached by the majority but I cannot agree with all of the reasoning by which it is reached.

Initially, one should note that appellant has not brought to this Court a point of error by which he contends that his contingent right to an annuity on retirement was not, at the time of his divorce, an article of “property” under the judicial decisions controlling at the time of the divorce, and therefore not divisible by the divorce court under Tex.Fam.Code Ann. § 8.63 (Supp.1982). See Heisterberg v. Standridge, No. 13,388, 656 S.W.2d 138 (Tex.App.—Austin 1983). Moreover,…