Facts
X., a Swiss citizen, died intestate in France in 1989, leaving as his legal heirs his wife, Mrs. X., and their two children, Mrs. [Y.] and B. In 2001, Mrs. [Y.] initiated an action for distribution against Mrs. X. and B. before the Court of First Instance of Geneva. In 2003, the Court of Justice of the Canton of Geneva ordered the distribution of the assets of the estate located in Switzerland, allocating half to the wife and one quarter to each child, and ordered the wife to pay the entire debts contracted by the deceased with the Cantonal Bank of Geneva. The wife appealed this decision to the Federal Tribunal, but only against her daughter, Mrs. Y.Considerations
The Federal Tribunal dismissed the appeal. It considered that, within the framework of an appeal for reform, each heir has the right to appeal independently of their co-heirs to defend their interests, but that under substantive law, they must, however, summon all their co-heirs as respondents before the appellate authority, failing which the appeal will be dismissed. In the present case, as the…