Facts
The widow Maria Meinel-Grünewald, who died on July 21, 1953, left two holographic wills. The first, dated May 3, 1944, bequeathed the available portion to her daughter Emilie Tschirky-Meinel (the defendant). The second, dated November 23, 1950, bequeathed 15,000 francs to Emilie Tschirky-Meinel. The deceased's granddaughter, Lotti Burla-Schmitz (the plaintiff), brought an action for declaratory judgment to assert that the 1950 will had replaced and revoked the 1944 will.Considerations
The Federal Tribunal considers that the legal presumption of Art. 511 para. 1 CC applies, according to which a new will replaces previous wills. This presumption can only be rebutted if the contrary intention of the testator clearly emerges from the will itself or from extrinsic evidence. In the present case, neither the wording nor the content of the 1950 will allow the conclusion that the…