Facts
- The spouses [E.] and [F.] had four children: sons [A.] and [D.] , and daughters [B.] and [C.] . - After the death of the parents, there was an inheritance dispute between the children or their heirs. - Among other things, the validity and content of the testator's last will, in which he had allocated the homestead [H.] to his son [D.] , was disputed. - The High Court of the Canton of Obwalden decided that the son [D.] 's claim to the allocation of the homestead was non-inheritable and had lapsed with his death. The defendants, the heirs of [D.] , have no claim to the allocation of the homestead.Considerations
- The Federal Court confirms the interpretation of the High Court. The testator had tied the claim to the allocation of the homestead to the person of his son [D.] , as he had committed himself to caring for his disabled brother [A.] . This personal character of the allocation claim means that it has lapsed with the death of [D.] and could not be transferred to his heirs. - The Federal Court considers the High Court's interpretation of the will to be free of arbitrariness. The testator obviously wanted [D.] to receive the homestead in order…