Facts
X., the son of A. [Y.], was declared bankrupt on 9 November 1972. On 28 May 1973, he was sentenced to 21 months in prison for repeated and continuous misappropriation of approximately 324,000 francs to the detriment of his employer, repeated forgery, as well as repeated fraud of approximately 20,000 francs and attempted fraud against two credit institutions and a third party. On 1 September 1972, he signed a debt acknowledgment in favour of his mother and aunt, who had taken over his debts. On 23 April 1975, A. [Y.] drew up a holographic will in which she disinherited her son X. under Art. 477 para. 2 CC, on the grounds that he had seriously violated his family duties through his criminal acts, misappropriation, forgery and fraud, in accordance with the judgment of 28 May 1973, which had caused her great sorrow. She appointed her sister B. [Y.] as the sole heir. After the death of A. [Y.] on 21 January 1976, X. brought an action for nullity of his mother's will. B. [Y.] filed a counterclaim seeking to have X. ordered to pay her 80,463 francs plus interest. The cantonal court dismissed X.'s claim and granted the counterclaim. On appeal by X., the Superior Court mainly upheld this judgment. The Federal Court allowed X.'s appeal with regard to the main claim.Considerations
According to Art. 477 CC, the testator may deprive an heir of his or her reserved portion if he or she has committed a serious crime against the testator or a person close to the testator (para. 1) or if he or she has seriously violated the family duties incumbent upon him or her (para. 2). As the acts attributed to X. were not directed against his mother or aunt, they do not constitute grounds for disinheritance within the meaning of Art. 477 para. 1 CC.
However, the Court considers that the ground for disinheritance for serious violation of family duties within the meaning of Art. 477 para. 2 CC is fulfilled. Although X. failed to fulfil a…