BRAQUET v. ADMINISTRATORS OF TULANE EDUC. FUND

No. 6231.

304 So.2d 720 (1974)

Louis J. BRAQUET et al. v. The ADMINISTRATORS OF the TULANE EDUCATIONAL FUND.

Court of Appeal of Louisiana, Fourth Circuit.

On Application for Rehearing November 7, 1974.

Concurring Opinion on Denial of Rehearing December 2, 1974.

Writ Refused December 20, 1974.


Attorney(s) appearing for the Case

Windhorst, Heisler, DeLaup & Wysocki, Henry L. Klein, Frederick P. Heisler, New Orleans, for plaintiffs-appellants.

Chaffe, McCall, Phillips, Toler & Sarpy, C. Manly Horton, Jr., V. Gerald Dean, New Orleans, for defendant-appellee.

Before LEMMON and STOULIG, JJ., and BOURG, J., Pro Tem.


STOULIG, Judge.

Plaintiffs, the collateral relatives and would-be intestate heirs of James Mitchell Rogers, instituted this suit to nullify a donation mortis causa to defendant, the Administrators of the Tulane Educational Fund (the Board), alleging the donee failed to fulfill the condition imposed by the testator on the legacy, i. e., the building of a chapel memorializing decedent's late sister Myra Clare Rogers. Defendant, seized of all the estate assets in 1959...

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