Willard J. Luff v. Ruth K. Luff

FAHY, Circuit Judge:

The question is whether the last will and testament of Morris F. Luff, deceased, of whom appellant, Willard J. Luff, is a surviving brother and one of several heirs at law, was impliedly revoked. The will, dated April 7,1953, provided that testator’s entire estate should go to Ruth K. Luff, appellee, who then was his wife. Thereafter they separated. Some five years after the separation she sued for and obtained an absolute divorce *236upon the ground of five years consecutive separation without cohabitation. A property settlement agreement entered into between the parties…