Facts
The dispute opposes the son Marcel [B.] to his mother Lina [B.] regarding the sharing of the estate of their husband and father Marcel Léon [B.], who died on December 27, 1959. In his will, the deceased bequeathed to his wife the property located at Feldstrasse 16 in L. at its "official value". The son subsequently brought an action for the division of the estate, contesting this testamentary provision. The cantonal court considered that the official value constituted a simple rule of division and not a bequest, and proceeded with the division based on the current market value of the property. The mother appealed against this judgment to the Federal Tribunal.Considerations
The Federal Tribunal considers that the testamentary provision granting the wife the right to take over the property at its official value, lower than the market value, must be interpreted as a bequest in favor of the wife, distinct from the simple rule of division. This provision therefore constitutes an infringement of the son's compulsory portion, who can invoke the right of reduction provided for in Art. 533 para. 3 CC, even if he did not do so within the legal deadlines.
Therefore, the division of the estate must…