Parma Matthis HOWARD and Jane Matthis Smith
v.
ADMINISTRATORS OF the TULANE EDUCATIONAL FUND.
Supreme Court of Louisiana.https://leagle.com/images/logo.png
July 1, 2008.
July 1, 2008.
Attorney(s) appearing for the Case
Simon, Peragine, Smith & Redfearn, Daniel James Caruso, James Augustus Burton, John Fielding Shreves, Shawn Louise Holahan, New Orleans, for applicant.
Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Edward Hart Bergin, Genevieve Marie Hartel, New Orleans; Stone, Pigman, Walther & Wittmann, Phillip A. Wittmann, New Orleans, for respondent.
Winifred Margaret Delery, New Orleans, for amici curiae, Winifred Kelly, Winifred Kelly Delery, Winifred M. Delery, Oliver S. Delery and John F. Hills.
Gino J. Rendeiro, New Orleans, for amici curiae, Jane Pringle Seal and Albert Baldwin Pringle.
Shelly R. Hammond Provosty, for amici curiae, Donors of Randolph-Macon Woman's College and Future of Newcomb College Inc.
Dennis Hull Blumer, Ada Meloy and Michael H. Rubin, Baton Rouge, for amici curiae, American Council on Education, Association of American Universities, National Association of Independent Colleges and Universities, American Association of Community Colleges, Association of Jesuit Colleges and Universities, National Association of State Universities, Land-Grant Colleges and American Association of State Colleges and Universities.
Brooke Duncan, III, New Orleans, for amici curiae, Louisiana Association of Independent Colleges & Universities and Loyola University New Orleans
Harry Alston Johnson, III and Thomas K. Hyatt, for amicus curiae, Association of Govering Boards of Universities and Colleges.
Supreme Court of Louisiana.
KNOLL, Justice.
This writ concerns standing to enforce the terms of alleged conditional gifts long after the death of the donor, Josephine Louise LeMonnier Newcomb ("Mrs. Newcomb"), and acceptance by the donee, the Administrators of the Tulane Educational Fund ("Tulane Board"). The pretrial posture of this case presents the interesting res nova issues of whether Louisiana law allows such an action and whether a non-legatee, would-be heir1...
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