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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 G. MICHAEL CANADAY, 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

          JeffreyW. Chambers Chambers Law Group COUSEL 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 Corporation COUNSEL FOR OTHER APPLICANT: Dr. Stephen D. Cook

          Cathryn E. Gits Assistant Attorney General COUNSEL FOR OTHER RESPONDENT: Louisiana Attorney General Office

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

          JOHN D. SAUNDERS JUDGE

         In consideration of the companion Writ Application No. 19-328, Relator, Elaine, seeks review of the trial court's allocation of her motion to recuse Judge Ware to the Honorable G. Michael Canaday (Judge Canaday).[1]

         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 ...


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