Facts
- Marie Oberson, domiciled in Riaz (FR), passed away on January 5, 1969. Her legal heirs were her brother Louis and the five children of her late brother Henri. - In her holographic will dated August 1, 1968, accompanied by three codicils, Marie Oberson made a series of bequests and provided that the remainder of her assets (furniture, CHF 240,000 in securities, and a house in Riaz) be sold and the proceeds given "to the lepers". - After the will was opened, the testatrix's nephews contested the clauses relating to the sale of the house to a foreigner and the bequest in favor of the lepers. - The Cantonal Court of Fribourg dismissed their action. The nephews then appealed to the Federal Tribunal.Considerations
1. The Federal Tribunal considers that Art. 539 para. 2 CC, which provides for exceptions to the principle of universal succession, applies to both bequests and the institution of heirs. Although this article was not the subject of extensive parliamentary discussions, legal doctrine and case law accept that the testator can validly institute as heir a group of persons lacking legal personality. 2. Admittedly, the application of Art. 539 para. 2 CC constitutes an exception to the system of seizin, but this derogation is not unique in Swiss inheritance law. The Federal Tribunal considers that Marie Oberson could validly institute "the lepers" as heirs, despite their lack of legal personality at the time of the opening of the succession. 3. According to case law, the circle of beneficiaries must be sufficiently determined by the testator. In this case, the designation of "the lepers" is considered sufficiently precise. Although a third party must intervene to determine the concrete modalities of allocation, this is not contrary to the law. The competent cantonal authority will have to decide on the best way to realize…