Facts
In her will dated 22 August 1923, Marguerite Russell-Eynard bequeathed her property of Pré de Vert to the municipality of Rolle, with the charge of creating a foundation bearing the name of her son Claudi Russell-Eynard, intended to accommodate indigent and delicate children, affected or threatened by bone tuberculosis. The municipality of Rolle accepted the bequest and established the Claudi Russell-Eynard Foundation in 1932, granting it the exclusive use of the bequeathed real estate. However, the municipality subsequently refused to transfer the ownership of these properties to the foundation. The Claudi Russell-Eynard Foundation, as well as certain heirs of the testatrix, then brought an action against the municipality of Rolle to obtain the transfer of ownership of the real estate.Considerations
The Federal Tribunal upheld the action. It considered that the testatrix's intention was for the municipality to transfer the ownership of the real estate to the foundation it was charged with creating. Although the will did not expressly state this, this interpretation is imposed by the context and the 1918 will to which the testatrix referred. The Tribunal held that the bequest made to the municipality was subject to a charge, and not a…