Facts
The deceased D., who died on January 9, 1990, had written several holographic wills. In 1988 and 1989, he drafted several wills, including two in June and October 1988 as well as an "addendum" in February 1989 to the will of June 1988. On June 14, 1989, he drafted a will revoking his previous testamentary provisions and providing for the application of the statutory law of succession. On July 26, 1989, he confirmed the validity of the will of June 14, 1989. Plaintiff A. filed an action for the nullity of the wills of June 14 and July 26, 1989, requesting that the estate be distributed in accordance with the wills of February 3, 1989 and June 22, 1988. The district court dismissed the request for nullity of the will of July 26, 1989 and declared it valid. The cantonal court confirmed this decision.Considerations
The Federal Tribunal considers that the decision of the cantonal court on the validity of the will of July 26, 1989 constitutes a partial judgment subject to appeal, as the question of the validity of the wills prejudges the distribution of the estate. Although the cantonal court did not rule on the other claims, the close link between the two wills of June 14 and July 26, 1989 prevents the refusal to consider the will of June 14 as final, as this would have the consequence of depriving the plaintiff of any legal interest in contesting the validity of the will of July 26, 1989.
On the merits, the Federal Tribunal considers that the will of July 26, 1989, although succinct, contains a minimal…