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In re Marshall Legacy Foundation

Court of Appeals of Louisiana, Third Circuit

July 31, 2019

IN RE: MARSHALL LEGACY FOUNDATION

          SUPERVISORY WRIT FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 2015-3683 HONORABLE RONALD F. WARE, DISTRICT JUDGE

          Wilford D. Carter Wilford Carter Law, LLC COUNSEL FOR OTHER RESPONDENT: Preston L. Marshall

          Hunter W. Lundy Matthew E. Lundy Rudie R. Soileau, Jr. T. Houston Middleton, IV Daniel A. Kramer Lundy, Lundy, Soileau & South, L.L.P. COUNSEL FOR OTHER RESPONDENT: Preston L. Marshall

          Jeffrey W. Chambers Chambers Law Group COUNSEL FOR OTHER RESPONDENT: Preston L. Marshall

          Walter M. Sanchez Alexander L.H. Reed The Sanchez Law Firm, L.L.C. COUNSEL FOR OTHER APPLICANT: Elaine T. Marshall

          Michael Reese Davis Tim P. Hartdegen Hymel Davis & Petersen, LLC COUNSEL FOR OTHER APPLICANT: Elaine T. Marshall

          Todd S. Clemons Janet D. Madison Todd Clemons & Associates A Professional Law CorporationCOUNSEL FOR OTHER APPLICANT: Dr. Stephen D. Cook

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Sylvia R. Cooks, and John D. Saunders, Judges.

          JOHN D. SAUNDERS JUDGE

         Relators, Elaine T. Marshall (Elaine) and Dr. Stephen D. Cook (Dr. Cook), as co-trustees of the Marshall Legacy Foundation (the Legacy trust), seek supervisory writs from the judgment of the Fourteenth Judicial District Court, Parish of Calcasieu, the Honorable Ronald F. Ware presiding, which denied their exception of res judicata filed in response to claims asserted in federal court by Preston L. Marshall (Preston). The ruling was rendered in open court on April 2, 2019, by the Honorable Ronald F. Ware, presiding. Following the denial of the exception, Elaine filed a motion to recuse Judge Ware, Division H. After several recusals, the motion was finally assigned to Judge Canaday, Division G. Elaine now seeks additional supervisory review of the trial court's allotment of the motion.

         STATEMENT OF THE CASE

         This matter arises out of the succession of E. Pierce Marshall, Sr. (Pierce Sr.), who died in 2006. The litigation regarding the Marshall family fortune includes suits filed in both state and federal courts of Louisiana, as well as in Texas and Wyoming

         In 2011, Elaine set up the Peroxisome Trust, a Louisiana Irrevocable trust. Preston and his brother, Pierce, Jr. were named co-trustees and co-remainder beneficiaries of the trust. Also named as beneficiary of the Peroxisome Trust was the Marshall Heritage Foundation (the Heritage trust). Pierce Sr. was the sole trustee of the Heritage trust from its foundation in 1995, until the trust instrument was amended to name Dr. Cook as its sole trustee in 1997. In 2007, Dr Cook appointed Elaine, Preston, and Pierce Jr. as his co-trustees of the Heritage trust. A designated annuity was to be paid to the Heritage trust over twenty years, and the remainder was to be divided between Preston and Pierce Jr.

         The dispute giving rise to the issue in this Writ Application arose upon the division of the Heritage trust. Upon request by Elaine, the trial court ordered that the Heritage trust be divided into two foundations: the first to remain the Marshall Heritage Foundation (the Heritage trust), and the second to be called the Marshall Legacy Foundation (the Legacy trust). The Legacy trust was to be governed by Elaine, Dr. Cook, and Preston, as co-trustees. However, Preston took issue with the classification of the ...


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