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Tulane's women's college merger in court

Associated Press - July 30, 2009 5:34 PM ET

NEW ORLEANS (AP) - A lawyer for Tulane University told a state judge Thursday that the woman who founded Sophie Newcomb College as her daughter's memorial left the school free to use her money as it wished.

Phil Wittman, representing the Tulane Educational Fund, told Orleans Parish Civil District Judge Rosemary Ledet that Josephine Newcomb threw out a will stating the money had to be used for Newcomb College, and simply left her money to the school.

Tulane merged all seven undergraduate colleges after 2005's Hurricane Katrina. A member of Newcomb's family is trying to make Tulane reinstate Newcomb College.

Plaintiff's attorney Daniel Caruso said Newcomb changed her will because an attorney said her relatives might get the earlier will thrown out. He says her wishes were clear and binding.

Ledet said she will rule within 30 days.

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