Facts
On November 18, 2003 and March 29, 2006, Y. prepared a public last will and testament for the deceased Z. Z. appointed Y. as the substitute executor, after the originally appointed executor W. had resigned from his mandate. On May 16, 2008, Y. presented the heirs with a draft of the inheritance distribution agreement, which, however, did not receive the consent of all the heirs.
X. filed a complaint with the Office of Public Inventories of the Canton of Nidwalden against the official conduct of Y. He primarily requested the dismissal of the executor and, alternatively, that he be instructed to prepare a correct and complete inventory of the estate, to demand the due credits, and to disclose contacts and documents. The Office dismissed the complaint.
X. then filed an appeal with the Federal Supreme Court. He requests the annulment of the lower court's judgment and the discharge of Y. from his office as executor. Alternatively, he requests an order to Y. to prepare a correct and complete inventory, to demand the due credits, and to disclose contacts and documents.
Considerations
The Federal Supreme Court considers the appeal to be a matter of property rights, as the appellant is concerned with the increase of the estate.
The Federal Supreme Court sees no violation of the right to be heard by the lower court. The findings of fact are also not arbitrary. With regard to the amounts claimed by the appellant, which were not taken into account in the inventory, the appeal is partially justified. However, the executor has neither given cause for his dismissal nor are…