Facts
August Vogelsang-Altenburger, who died on December 20, 1955, had in his will dated March 27, 1955, disinherited his son Arthur Gustav Vogelsang and appointed his second wife Olga Vogelsang-Altenburger as the sole heir. In a codicil to the will dated September 10, 1955, he had designated the Zürcher Kantonalbank as the executor.
The disinherited son Arthur Vogelsang filed a lawsuit against the widow Olga Vogelsang-Altenburger, requesting that the disinheritance be declared invalid and that his compulsory portion be paid out. Later, he filed a similar lawsuit against the Zürcher Kantonalbank as the executor.
Considerations
The Federal Court concluded that the son's claim was not an action for invalidity, but a special type of reduction claim. Essentially, reduction disputes are to be settled among the materially involved parties themselves, without the involvement of the executor. Since the dispute…