WE ARE DOWN BUT NOT OUT

Today, Judge Ledet ruled against the plaintiff and in favor of Tulane in Montgomery v. Tulane. While we would have preferred a different result, of course, this ruling does not come as a complete surprise. All along, we have known that the ruling of the trial court likely would be preliminary to an appeal in this case as it was in the Howard case.

We remain confident that the intent of Mrs. Newcomb’s will was to maintain H. Sophie Newcomb Memorial College in perpetuity.

TFoNC issued the following press release this afternoon in response to the ruling:

New Orleans, La., August 31, 2009 – Renee Seblatnigg, President of The Future of Newcomb College, a group of alumnae and others supporting legal efforts to force Tulane University to re-open Newcomb College, issued the following statement today, commenting on Louisiana Civil District Court Judge Rosemary Ledet’s decision to deny plaintiffs request for summary judgment.

Seblatnigg said: “On behalf of The Future of Newcomb College, I want to thank Judge Ledet for her valuable time.”

Despite today’s unfavorable decision, we still strongly believe that both the facts and the law support Susan Henderson Montgomery’s legal claim. Mrs. Newcomb’s bequest to the Tulane Board of Administrators was clearly subject to a charge, or a performance obligation, which the Tulane Board acknowledged, assumed and executed for 119 years. That obligation was to develop and maintain in perpetuity a coordinate women’s college at Tulane.

We will be conferring with Ms. Henderson Montgomery and will determine what our course of action will be.

To allow Tulane University to get away with unnecessarily dissolving Newcomb College against the express wishes of one of their largest donors would be a blow to the concept of ‘donor intent’ and to the future of women’s education everywhere.

Click here to view the complete ruling.

ENCOURAGEMENT FROM THE PLAINTIFF

Susan Montgomery’s daughter, Margaret Lobo, sent the following note of encouragement:

I received a copy of the judgment today…. I am so sorry we did not get good news. My Mother, my Sisters and I remain very much committed to this effort, in memory of Sophie, and on behalf of all the former/current/future students of Newcomb. Please let everyone know how deeply disappointed we are about today’s outcome and that we stand alongside you with courage, faith and hope for the future of Newcomb College.

The next edition of The Daisychain will include more information about next steps.