Interpretation of a will without designation of legatees

Facts

The dispute concerns the estate of A.B., who died on May 11, 1979. In her will dated March 1, 1979, A.B. appointed her spouse H.B. as universal heir, describing him as "burdened" without designating any legatees. After the death of H.B. in 1997, his grandson G.F. claimed the status of substitute legatee (replacement heir) on the sole asset still present in A.B.'s estate, namely a share of co-ownership in a property. The legal heirs of H.B. contested this claim.

Considerations

The Federal Tribunal freely examines the interpretation of the will by the cantonal instances, based on the established findings of fact. It considers that the will does not contain a designation of substitute legatees, but only the appointment of H.B. as universal heir, with a clause exempting him from any warranty obligation. Although the testatrix used the term "burdened", this is not sufficient to establish that she intended to appoint substitute legatees, as it is a legal term that the testatrix, not being a…