Estate of Gray

Fritz, C. ].

(dissenting). The evidence introduced on the trial established: That Bert L. Gray and Mildred Gray were married on August 24, 1943, and for four or five months they resided on his farm, and after that she left his home and they did not live together thereafter. On March 20, 1944, he commenced an action for a divorce from his wife and she filed a counterclaim for divorce. On October 5, 1944, he asked to have the action dropped and there were no further *228proceedings in the divorce action. They did not resume cohabitation. On November 8, 1944, he executed his last will, which was…