Facts
The case concerns the dispute over the division of the estate of a deceased farmer. The decedent left behind his widow, a son, five daughters, and three minor grandchildren. The decedent's homestead had an earning value of approximately 82,400 CHF and a market value of 120,000 to 125,000 CHF. The two daughters, Anna and Rosa Frei, operated the agricultural business and cared for the elderly and ill mother as well as two disabled siblings. The other heirs, including the three minor grandchildren, requested either the sale or the leasing of the homestead. Anna and Rosa Frei finally demanded that the homestead be assigned to them in accordance with Articles 620 and 621 of the Swiss Civil Code (ZGB).Considerations
The Federal Court decided that the daughters Anna and Rosa Frei have a priority right over all other heirs to the assignment of the homestead, as they or their husbands are suitable for self-operation and have been managing the homestead for years. This results from Article 621(3) ZGB, which confirms a long-standing case law of the Federal…