Facts

The testator [G.] passed away on 24 February 1989 and left as his legal heirs his wife [H.] and their three children [B.] , [A.] (appellant) and [C.] . Additionally, he appointed his grandchildren [D.] , [E.] and [F.] as instituted heirs. After the death of wife [H.] on 23 September 2002, her community of heirs took her place.

In a will dated 23 December 1988, [G.] had, among other things, stipulated that the agricultural business "[X.] " should go to his son [A.] . Respondent 1 ([B.] ) demanded the division of the estate in 2005, which led to inheritance division proceedings.

Considerations

The Federal Court partially overturned the decision of the Cantonal Court of St. Gallen and remanded the case back to the Cantonal Court for supplementation of the facts and a new decision. The reasons were as follows:

  • The Cantonal Court had assumed a sales revenue of CHF 77,000 for livestock sales in the years 1989 to 1993, without making actual findings. The Federal Court considered this to be inadmissible.
  • Furthermore, the…