Facts
Mrs. H., of Dutch nationality, passed away on August 8, 1989 in La Tour-de-Peilz. In her will dated October 31, 1986, she instituted as heir "Mr. C.F. Dupont, 000 East 00, Manhattan, NEW YORK N.Y., U.S.A." for the assets deposited at Crédit Suisse and Mextrust Bank. After unsuccessful searches, the notary discovered that Charles Constant Jr Dupont, born on October 24, 1922, was the only relative in the fifth degree of the deceased bearing a similar surname. The guardianship authority refused to grant him the succession, considering that there was still uncertainty as to his status as heir. Charles Constant Jr Dupont then opened a petition for inheritance, which was rejected by the Civil Court of the Vaud Cantonal Tribunal.Considerations
According to Art. 469(3) CC, in the case of a manifest error in the designation of persons, the erroneous provisions are rectified according to the actual intention of the testator, if this intention can be ascertained with certainty. In the present case, it is established that the testatrix was clearly mistaken in using the initials "C.F." and intended to designate a certain "C.C. Dupont". The disputed issue is whether she intended to benefit the father or the son.
To interpret a will, the judge may resort to extrinsic circumstances when they shed light on the testator's intention, without any…