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 Tom Benson, who also owns the National Basketball Association's New
Orleans Pelicans, prevailed in the case following an eight-day trial
that pitted family members against him in a New Orleans courtroom.In
a six-page ruling, Orleans Civil District Judge Kern Reese noted
that in addition to considering psychiatric evaluations of Benson by
three physicians and hearing testimony from witnesses for both
sides, he had personally interviewed Benson in April to assess his
condition.During that meeting, "Tom Benson had clarity of thought
and volition, despite some memory lapses ...," Reese wrote, adding
that he had "listened carefully" to Benson's responses "and
concluded the capacity to make reasoned decisions was present."
Benson's daughter Renee Benson Benham and two grandchildren, Rita
and Ryan LeBlanc, filed the lawsuit in January claiming that Tom
Benson is "infirm" and "unable to consistently make reasoned
decisions" regarding his assets.The suit charged that Tom Benson's
third wife, Gayle, has blocked family members' access to him and is
manipulating his decisions.The family's action followed Tom Benson's
move in December to ban their participation in running either of his
teams, and to name Gayle Benson as his successor in owning them.
Thursday's ruling does not end the family battle as related
litigation continues in a probate court in San Antonio, where the
family members are fighting Benson's attempt to remove their
ownership shares in the sports teams and other businesses from
trusts created over a period of years for their benefit.Benson's
lawyers have also brought a related suit in federal court in New
Orleans.Tom Benson had been grooming his granddaughter Rita LeBlanc,
38, to succeed him as owner and chairman of both teams, but their
relationship turned rocky last year as a rift between her and Gayle
Benson, whom Tom Benson married 11 years ago, grew more serious and
as he developed health issues.
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"I cannot wait for training camp to start in late July," Tom Benson
said in a statement after the ruling.
Randy Smith, who represents Benson's daughter and grandchildren,
said they were "disappointed" with the ruling, and did not say if
they would file an appeal.
(Reporting by Kathy Finn; Editing by Eric Beech)
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