Facts
The deceased Carl Martin Jung, a widower without direct descendants, drafted a holographic will on July 20, 1949, in which he bequeathed the residue of his estate to his grandson Karl Albert Aubry, while authorizing the trustee to use this residue for the education of candidates for the Catholic priesthood in the event that Karl Albert Aubry predeceased him or did not receive an adequate Catholic upbringing. The grandson contested this testamentary provision, arguing that it was invalid because the testator had not designated the beneficiaries of the bequest with sufficient precision. The FC (Federal Court) granted the grandson's request.Considerations
The FC considers that the bequest in favor of candidates for the Catholic priesthood is not valid, as the testator did not himself designate the beneficiaries precisely, but left this task to the trustee. According to the established case law of the FC, the testator must himself designate the beneficiaries of a bequest with precision,…