Facts
The dispute concerns the validity of the will of Marie Antoinette Knie-Meyer, who died on June 15, 1961, regarding the "Diana" property in Rapperswil. Eliane Knie, the daughter of the late Eugen Knie, filed a lawsuit against the legal heirs of Marie Antoinette Knie-Meyer (the Meyer siblings) as well as against the Lucerne institution for the blind in Horw, to which the "Diana" property was bequeathed. She requests the annulment of the testamentary provisions of Marie Antoinette Knie-Meyer dated July 14, 1954, and May 29, 1958, concerning this property.Considerations
The Federal Tribunal dismisses the appeal. It considers that the "wish" expressed by Charles Knie in his amended will of February 18, 1939, concerning the "Diana" property does not constitute a binding testamentary disposition, but only a non-binding wish addressed to his heirs. Charles Knie clearly distinguished in his will between binding testamentary dispositions and mere wishes. Therefore, Marie Antoinette Knie-Meyer was entitled to bequeath the "Diana" property to the Lucerne institution for the blind in Horw.
The Federal Tribunal also notes that the plaintiff Eliane Knie has standing to bring an action for the…