Assignment of Inheritance Properties as Specific Legacies and not as Rules of Division

Facts

On March 21, 1985, Hanny X. passed away. In her will dated March 18, 1985, she appointed D., L., as well as R. and F. E. as heirs. In Section 4 of the will, she regulated the distribution of the estate as follows:

• The property Z.-Gasse in Zurich goes half to D. and half to L.
• The property V.-Strasse in Zurich goes half to R. and half to F. E.
• The remaining estate shall be divided into four equal shares for the appointed heirs.
• The debts encumbering the properties are to be paid from the estate.

A dispute arose among the heirs as to whether the assignments of the properties were specific legacies or mere rules of division. The executor of the will took the view that they were rules of division. Thereupon, the heirs R. and F. E. filed a lawsuit against D. and L. with the aim of having the property V.-Strasse assigned to them as a specific legacy.

Considerations

The Federal Supreme Court decided that the assignments of the properties were specific legacies and not mere rules of division. From the wording and the overall context of the will, it is evident that the testatrix intended to benefit the plaintiffs R. and F. E. with a legacy. The order to pay the…