Facts
Bank Y. brought an action for damages against testamentary executor X. for not taking into account the pledge by the debtor Paul R. of his inheritance share in the estate of Jean Gustave R. in favor of the bank. The Federal Tribunal dismissed the bank's claim. The essential facts are as follows: - Jean Gustave R. died on March 5, 1954, leaving as heirs his wife and three adult children. His testamentary executor was lawyer X. - On October 28, 1954, bank Y. informed X. that heir Paul R. had assigned his inheritance share, encumbered with the usufruct of the widow, i.e. approximately 200,000 CHF. - In December 1954, the bank granted an additional credit of 120,000 CHF to company R. AG, of which Paul R. was a director and manager, secured by the assignment of Paul R.'s inheritance share. - On April 17, 1955, the property was transferred to Paul R. and the usufruct to the widow, without the bank being informed. - The bank then unsuccessfully tried to have the property sold by Paul R. to be paid. - When the composition of R. AG was approved on March 26, 1957, the bank's claims were ranked in the 5th class, as its pledge right had not been recognized.Considerations
The Federal Tribunal dismissed the bank's claim for several reasons
Firstly, the assignment of an inheritance share to a third party only confers a personal right against the assignor, and not a right of participation in the liquidation of the estate. The co-heirs and the testamentary executor therefore have no obligation to hand over the estate assets to the assignee. The bank should have either been represented by Paul R. in the division, or requested the participation of the competent authority in accordance with…