Facts
On January 29, 1945, Karl Steiner-Polli passed away, leaving as his legal heirs his widow Gilda Steiner-Polli and thirteen children, two of whom have since deceased. He had drawn up a holographic will providing that his wife would have the usufruct of the estate for life and that after her death, it would be divided equally among all his children. In 1945, the executor established a liquidation report indicating that the net assets of the estate were invested in a property in Oberwil. The thirteen children were designated as co-owners in undivided shares of this property, each with a one-thirteenth share, subject to the usufruct of Mrs. Gilda Steiner-Polli. In 1958, Ernst and Hans Steiner filed an action for partition of the estate against their mother and six of their siblings, requesting that the property be sold at auction. The cantonal court and the higher court of the canton of Zug dismissed their claim. The plaintiffs appealed to the Federal Tribunal.Considerations
1. The disputed value corresponds to the total value of the assets to be divided, as the very right to demand partition is contested (consid. 2). 2. The defendants, although not representing all the heirs, have standing, as five of the other heirs have declared their agreement with the plaintiffs' conclusions (consid. 3). 3. Despite the mention in the liquidation report that the partition was "completed", the co-ownership of the deceased's children has been maintained. It is therefore still a succession community, to which Art. 604 CC, allowing each co-heir to demand partition at any time, applies (consid. 4). 4. The…