Facts
On March 27, 1946, the bachelor Frank Alfred Stokar von Neuforn passed away in Schaffhausen. In his holographic will dated September 12, 1945, with amendments dated October 15, 1945, he had appointed his two Baden household servants Theodora Leiber and her niece Pia Leiber as the main beneficiaries. The will contained, among other things, the following provisions:
- Legacy of CHF 180,000 each to Theodora and Pia Leiber
- Legacy of half of the real estate to each of the two Miss Leibers
- Provision that upon the death of one of the two Miss Leibers, the entire real estate shall pass to the survivor
- Various legacies to other persons
On December 20, 1946, Theodora Leiber also passed away. Her heirs claimed that the will did not contain a subsequent disposition in favor of Pia Leiber regarding the cash legacy of CHF 180,000 and the residual estate, so that these assets would fall into Theodora Leiber's estate. Pia Leiber, on the other hand, argued that the will provided for a subsequent legacy of these assets in favor of the survivor.
Considerations
The Federal Court concluded that the wording and the systematics of the will clearly show that the codicil to the will only provides for a substitute disposition in the event that one of the two main beneficiaries dies before the testator. Since this case did not occur, the claims of the two Miss Leibers are exclusively based on the provisions of the main will. Accordingly,…