Facts
On 25 February 1988, [E.] , a farmer, passed away. His heirs are his wife [A.] and their three children [B.] , [C.] (the appellant) and [D.] . The estate includes several agricultural properties that the deceased had leased to his son [B.] since 1981. The request for division of the estate has been pending since the summer of 1998.
On 16 September 2009, [B.] together with his mother and brother filed a claim against his sister [C.] requesting that the agricultural business of the deceased be allocated to him at the yield value. In her response to the claim dated 14 December 2009, [C.] requested that the agricultural properties belonging to the estate be allocated to her at double the yield value. The District Court dismissed both applications. On appeal by [C.] , the High Court of the Canton of Zurich confirmed the dismissal of [B.] 's application and also dismissed [C.] 's application.
[C.] (the appellant) renews her request for allocation before the Federal Supreme Court.
Considerations
The Federal Supreme Court dismisses the appeal. According to Art. 21 para. 1 of the Federal Act on Rural Land Law (RLRA), an heir can demand the allocation of an agricultural property at double the yield value if he is the owner of an agricultural business or has economic control over such a business. The High Court found that the appellant only took over her husband's business on 28 March 2012 and had not previously owned or economically…