Kernrechtsfrage
Whether the sister’s claim to a share in the resale surplus was an inheritance claim or a personal contractual claim for venue purposes under Art. 59 BV.
Extrahierter Entscheid
The claim arose exclusively from the 1889 contract, not from inheritance law; it was therefore a personal claim.
Extrahierte Begründung
The father’s estate had in effect been settled by the contract, which replaced a succession share with a contractual right against the brother to share any later resale surplus. The right asserted years after the father’s death was thus based on the contract, not on a division of the estate.