Facts
On September 29, 1954, Professor Robert Bertschinger, a citizen of Zurich and Zumikon, passed away in Singen am Hohentwiel (Germany). He owned a house in Öhningen (Landkreis Konstanz) and an apartment in Zurich, being domiciled in both places. By a holographic will dated August 21, 1954, he appointed his fourth wife, Anna Augusta Bertschinger, as his universal heir. During the inventory of the movable property located in the Zurich apartment, his wife produced the will. The single judge for non-contentious matters of the District Court of Zurich proceeded to open the will on October 28, 1954, rejecting the plea of lack of jurisdiction raised by the wife. She appealed this decision to the Superior Court of the Canton of Zurich, which confirmed the jurisdiction of the Zurich judge on January 13, 1955. The wife then filed a nullity appeal with the Federal Tribunal.Considerations
The Federal Tribunal considers that the appeal is admissible, as the wife has a legal interest in examining the question of the jurisdiction of the Zurich judge for the opening of the will. According to the 1856 Treaty between Switzerland and the Grand Duchy of Baden, if the estate is located in both States, the competent authorities are those of the State of which the deceased was a national or in which he had his last…