Testator v. Wife: Disinheritance Upheld for Severe Breach of Marital Duties

The appellate court confirmed the lower court's finding that the testator was justified in disinheriting his wife under Article 477 ZGB, paragraph 2, due to her severe breach of marital and family support obligations. The court reasoned that the wife failed to provide necessary care for the testator, who had significant medical needs following throat cancer surgery, allowing his condition to become life-threatening, potentially isolated him from the home, and subsequently diverted his income and savings to her own accounts while denying him financial support, all of which constituted a serious violation of her duties that extended beyond typical marital conflicts, even amidst an initiated divorce.