Facts
Jean Dénervaud brought a petition for inheritance against his brother Francis Dénervaud, seeking to have himself recognized as the instituted heir of the late Paul Mossu and to have the assets that Paul Mossu had transferred to Francis Dénervaud during his lifetime returned to the estate, on the grounds that the transfer act was null due to Paul Mossu's lack of mental capacity. The Cantonal Court of Appeal of Fribourg upheld the action, declared the nullity of the act of abandonment of assets dated 17 September 1957 and the act of withdrawal dated 25 August 1958, and recognized Jean Dénervaud as the instituted heir of the late Paul Mossu by the public will dated 27 May 1955.Considerations
3. The action brought by Jean Dénervaud combined a petition for inheritance and an action for nullity of the act of abandonment of assets. This combination does not alter the nature of the claim, as Jean Dénervaud is relying solely on his status as the instituted heir to demand possession of the assets belonging to the estate of the late Paul Mossu. 4. The one-year prescription period for the action to annul the act of withdrawal dated 25 August 1958 could not begin to run until the death of Paul Mossu on 1 March 1961. Jean Dénervaud only acquired precise knowledge of this act at the hearing of the Civil Court of La Glâne on 18 November 1963, so the nullity action filed on 17 February 1964 was not time-barred. 5. The plaintiff who claims to be an heir and intends to have assets in the possession of the defendant, who alleges a special title, returned to the estate, is entitled to bring a petition for inheritance action, in which the validity of the title…