Facts
On July 9, 1995, [E.] passed away. During the last 20 to 30 years of her life, she had made numerous testamentary dispositions, systematically excluding her legal heirs - apparently descendants of a brother of her mother, a cousin and her children. According to a will dated August 31, 1987, [E.] had instituted K. (the plaintiff) as the sole heir. In a codicil to this will, dated March 10, 1991, [E.] had confirmed this institution of K. as heir. However, in a holographic will dated November 16, 1992 or 1993, [E.] had instituted B. (the defendant) as her sole heir and executor, with instructions to pay a legacy to K. In a will dated December 2, 1993, [E.] had confirmed the institution of [B.] as sole heir and executor, but had not confirmed the legacy in favor of K. Finally, in a letter dated February 25, 1995 addressed to [B.], [E.] had revoked all her previous powers of attorney and dispositions, with the exception of those in favor of B.Considerations
The Federal Tribunal considers that the testamentary institution of [B.] as sole heir and executor is null and void. Indeed, it has been definitively established that [B.] was unworthy to succeed [E.] under Art. 540 para. 1 no. 3 CC. The unworthy person is treated as if he had predeceased and…