Facts
The late A. X., who passed away on August 7, 1977, left as his legal heirs his wife B. X.-Y. and nine children. Through a previous judgment of the Federal Supreme Court, the agricultural property belonging to the estate was legally awarded to the daughter C. Z.-X. The remainder of the estate remained undivided. In a will, the testator had stipulated that his wife B. X.-Y. should receive one quarter of the estate assets as ownership and three quarters as a lifelong usufruct.
At the request of C. Z.-X., the competent District Court President ordered that various bank accounts be temporarily blocked. In a subsequent proceeding, the security request filed by C. Z.-X. against her mother B. X.-Y. was granted. B. X.-Y. then filed a complaint against this decision, which was dismissed by the High Court of the Canton of Thurgau.
B. X.-Y. has filed a constitutional appeal against the decision of the High Court, which was, however, treated as an appeal.
Considerations
The Federal Supreme Court states that the decision of the High Court, by which B. X.-Y. as the usufructuary heir was obliged to provide security for the co-heirs, can generally be challenged by an appeal. The security request can be filed by a single heir, but all co-heirs must be able to comment on it. To the extent that the co-heirs do not join…