For four decades, the Esther Freshman Memorial Scholarship has provided awards of $2,500 to students at the University of Nebraska-Lincoln who are academically qualified, of good moral character, and show promise of becoming leaders in their chosen field.
A provision in the last will and testament of Ida Freshman, who bequeathed $195,000 to the University of Nebraska Foundation in honor of her late sister in 1979, will require a court-ordered change after it was determined that it did not comply with federal law, however.
Ida Freshman’s last will, as amended in 1970, stipulated that an applicant “need not be a resident of the State of Nebraska, but must be a natural born citizen of the United States."
In 1977, the U.S. Supreme Court, in Nyquist v. Mauclet, held that it was unconstitutional for a state program providing scholarships for education to discriminate against resident aliens who otherwise qualified for financial aid.
The NU Foundation, with approval of the Nebraska Attorney General’s Office, applied to Lancaster County District Court in late January to make the change to say an applicant "must be a citizen or lawful permanent resident of the United States."
“As the provision of the Freshman Will restricting scholarship recipients to natural born United States citizens has become unlawful, the (foundation) seeks to modify the Freshman Will to conform with applicable laws,†the application states.
The change is part of managing more than 11,000 funds providing everything from scholarships to students to endowed positions for faculty to construction of new campus facilities, the NU Foundation said in a statement.
“Donors create the criteria under which they’d like their funds to be awarded, and foundation staff continually monitor and audit these donor funds to ensure they follow all applicable laws,†a foundation spokeswoman said.
Because the Nyquist case focused on financial aid offered by the state of New York and not a private entity like the NU Foundation, the Esther Freshman Scholarship remained as is for more than 40 years.
“Further consideration of this case in the last few years led to a change in our position,†said the foundation, a nonprofit organization that manages an endowment of $2.1 billion.
“We now believe that even though this and other foundation scholarships are private funds, since they are awarded to students of a public institution, it is prudent to apply this decision to foundation scholarships.â€
The NU Foundation said it identified the unlawful provision of the Freshman Scholarship during an internal audit done in 2022.
Because Ida Freshman, who split her estate between the NU Foundation and the Johns Hopkins Fund, died in 1977, a decade after the scholarship’s namesake, the foundation worked with an attorney to draft a petition to modify the will.
In a Jan. 24 letter, the attorney general’s office said the change to the will to bring it in line with current law was allowed under state statute.
“Based on the representations made and the information provided, the Office of the Attorney General finds no reason to object to the modification,†Assistant Attorney General Justin McCully wrote.
Both Esther and Ida Freshman grew up in Beatrice and became teachers before retiring to Los Angeles, California.
The AI revolution is here. For this video, we’re doing a deep dive into the chatbot taking the world by storm. ChatGPT a state-of-the-art language model developed by OpenAI that allows users to generate human-like text responses and perform various language tasks. In fact, it wrote that sentence for us. It's part of a wave of astonishing new AIs that can process natural language, like the AI art generators DALL-E, Midjourney, and Stable Diffusion. While it has enormous potential for research and efficiency, it also raises serious ethical concerns. What’s your reaction to A.I.? Excitement? Fear? Indifference? Tell us in the comments.
Top Journal Star photos for March 2023
Gene Sorensen (he/they) holds up a transgender pride flag in front of the capitol building during Trans Day of Visibility at the Nebraska State Capitol on Friday, March 31, 2023.
LARRY ROBINSON Journal Star
Michigan's Madi Ramey proudly wears a hat that resembles a cooked turkey after defeating Nebraska in a mercy rule win on Friday, March 31, 2023, at Bowlin Stadium.
KENNETH FERRIERA Journal Star
Theater director Bob Henrichs (right) talks with sophomore Tyler Stover, who plays Lumiere, before a dress rehearsal of "Beauty and the Beast" at Lincoln Southwest High School.
JUSTIN WAN, Journal Star
Lincoln East's Grace Peterson (center) celebrates with her teammates after scoring a penalty kick against Lincoln Southwest in the 55th minute Thursday at Seacrest Field.
KENNETH FERRIERA, Journal Star
Christ Lincoln fourth graders Kylie Burger, Allie Borst and Lucy Klappenback (from left) reach through fencing to pet a sheep during the Ag Literacy Festival on Thursday, March 30, 2023, at the Lancaster Event Center in Lincoln.
257 fourth graders from 8 schools in the Lincoln area attended the Agricultural Literacy Festival at the Lancaster Event Center Fairgrounds.Students get an up-close and hands-on experience with several live animals including beef cattle, dairy cattle, sheep, swine and horses. They were taught about agricultural products, how they are produced, and how they are used.
KENNETH FERRIERA Journal Star
Lincoln Southeast's Nate McCashland loses his footing after being slide tackled by Lincoln High's Tom Goe in the first half on Wednesday, March 29, 2023, at Beechner Field in Lincoln.
KENNETH FERRIERA Journal Star
Nebraska's Brice Matthews (center) celebrates his three-run homerun as he heads back to the dugout in the seventh inning on Tuesday, March 28, 2023, at Haymarket Park.
KENNETH FERRIERA Journal Star
Nebraska's head coach Matt Rhule instructs player Luke Lindenmeyer during a football practice Tuesday at Hawks Championship Center.
JUSTIN WAN, Journal Star
Hannah Friedman (from left), Grace Choul and Arsenii Khokhuila color in Kristine Fry's preschool class at Arnold Elementary School on Monday.
LARRY ROBINSON, Journal Star
Nebraska's Mya Felder (right) and head coach Rhonda Revelle (left) smile after Felder hit a home run against Purdue in the third inning at Bowlin Stadium on Sunday, March 26, 2023.
LARRY ROBINSON Journal Star
Nebraska's Corbin Hawkins (39) throws a strike against Illinois in the seventh inning at Haymarket Park on Saturday, March 25, 2023.
LARRY ROBINSON Journal Star
Opponents of LB371, a bill that would make it a crime for anyone under the age of 19 to attend drag shows, hold up signs in support of transgender rights during a rally at the Nebraska State Capitol on Friday, March 24, 2023.
LARRY ROBINSON Journal Star
Kansas' Chandler Prater (25) and Nebraska's Alexis Markowski (bottom center) scramble for the ball as it is picked up by Isabelle Bourne in the first half during a WNIT game Thursday at Allen Fieldhouse in Lawrence, Kan.
KENNETH FERRIERA, Journal Star
Nebraska defensive lineman Nash Hutmacher (72) runs a drill during a March 23 practice at Hawks Championship Center.
LARRY ROBINSON, Journal Star file photo
Nebraska's Billie Andrews (left) tags out Iowa State's Milaysia Ochoa as she attempts to steal second base in the fifth inning on Wednesday at Bowlin Stadium.
KENNETH FERRIERA Journal Star
A Bluejay hops along the branch of a pine tree on Tuesday, March 21, 2023, at Holmes Lake. Blustery conditions and overcast skies made for a drowsy Tuesday in Lincoln. Days ahead will see much of the same, with a chance of rain dotted throughout the week.
KENNETH FERRIERA Journal Star
Roman Asaro eats beer-soaked cereal during the annual Lucky Charms eating contest at Mckinney's Irish Pub as part of St. Patrick's Day celebrations on Friday, March 17, 2023.
LARRY ROBINSON Journal Star
Delaney Gove of Ogallala, 13, (center) hides her face in embarrassment after family and friends, including Sgt. 1st Class Thomas Shirey (center right) and Capt. Rachell Rowley (right), singing her a birthday song during a send-off ceremony for Army National Guard's 1-134th Cavalry, Friday, March 17, 2023, at Atlas Readiness Center in Yutan. Shirey is one of the 13 Nebraska Army National Guard soldiers being deployed to Europe in the coming days.
JUSTIN WAN, Journal Star
A car fire at 620 S 17th St. blazes on through a snow storm as Lincoln Fire and Rescue circle the vehicle to assess the best way to put out the flames on Thursday, March 16, 2023.
LARRY ROBINSON Journal Star
Pius X senior and North Texas soccer commit Bree Korta poses for a portrait using multiple exposures to highlight one journey of her life at Pius with the "bolt" hand symbol to the start of her next journey at North Texas with the "eagle claw", taken at Pius X on Wednesday, March 15, 2023.
LARRY ROBINSON Journal Star
Piper Hayes, (pink) leads dancers through a short course called 'Time for Heelz,' as part of the American College Dance Association North-Central Conference on Tuesday at UNL's Temple Building. More than 330 people from 22 universities registered to attend the conference hosted by UNL. The conference included classes, feedback, presentations and meetings, along with the four adjudication concerts. The American College Dance Association supports dance in higher education through regional conferences like the one hosted by UNL.
KENNETH FERRIERA, Journal Star
Young Freeman fans cheer on their team during the Class C-2 state championship on Saturday, March 11, 2023, at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Bellevue West celebrates their 64-41 win over Millard North's at the ceneter of the court following the Class A state championship on Saturday, March 11, 2023, at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Freeman head coach Jim McLaughlin hugs Carter Ruse as he exits the floor just before the end of the game against Amherst during the Class C-2 state championship on Saturday, March 11, 2023, at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Omaha Skutt Catholic celebrates and holds up ones with their fingers after defeating Platteview in the Class B state tournament championship game on Saturday, March 11, 2023, at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Ashland-Greenwood head coach Jacob Mohs (right) smiles after leading the Bluejays to back-to-back state titles as Ty Carey (left) smiles after defeating Auburn in a Class C-1 state tournament championship game on Saturday, March 11, 2023, at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Ashland-Greenwood's Cougar Konzem (right) blocks a shot from Auburn's Skyler Roybal during a Class C-1 state tournament championship game on Saturday, March 11, 2023, at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
SEM's Colt Schroeder (right) attempts to score three-points over Wynot's Dylan Heine (first right) in the second half during a Class D-2 state semifinal tournament game Friday, March 10, 2023, at the Devaney Sports Center.
KENNETH FERRIERA Journal Star
Omaha Skutt's Jack Healey celebrates after making a game-ending block against Crete in the final seconds of the game, during a Class B state semifinal tournament game, Friday, March 10, 2023, at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Ashland-Greenwood's Cougar Konzem (24) reacts after an and-one call against Ogallala during a Class C-1 state tournament semifinal game on Thursday, March 9, 2023, at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Thomas James adjust the Native American regalia of his grandson, Bird James, in the hallway before players take the court during a Class D-2 state tournament game Thursday, March 9, 2023, at the Devaney Sports Center
KENNETH FERRIERA Journal Star
Crete's Benjamin Ehlers (center) dives into the crowd after defeating Elkhorn during a Class B state tournament game Thursday, March 9, 2023, at Pinnacle Bank Arena.
JUSTIN WAN Journal Star
Paraeducator Neldy Fernandez (left) helps kindergarten student Roselie Horton pick a crayon color at Elliott Elementary School on Thursday. Fernandez also works with many other students as part of a program through Lincoln Literacy, including those with special needs.
LARRY ROBINSON, Journal Star
Using an in camera double exposure, A cheerleader's pom-pom is used to frame Millard North's Neal Mosser as he blocks a layup attempt by Elkhorn South's Evan Werner in the first half during a Class A state tournament game Wednesday, March 8, 2023, at Pinnacle Bank Arena
KENNETH FERRIERA Journal Star
Omaha Westside's Joshua Evans (10) and Rickey Loftin (1) holds up "W"s after defeating Lincoln East in a Class A state tournament first-round game on Wednesday, March 8, 2023, at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Bellevue West's Josiah Dotzler (22) lets out a scream after scoring a basket against Lincoln North Star during a Class A state tournament first-round game on Wednesday, March 8, 2023, at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Millard South's Khloe Lemon (left) embraces Mya Babbitt (center) after defeating Lincoln High during the Class A state girls basketball tournament championship game at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Pender's Maya Dolliver (center) hugs Madalyn Dolliver as their team celebrates their win over Oakland-Craig in the the Class C-2 state girls basketball tournament championship game at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Oakland-Craig player huddle up for a pregame prayer before taking on Pender in the Class C-2 state girls basketball tournament championship game at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Elkhorn North celebrates after defeating Omaha Skutt in the Class B girls championship game Saturday at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
North Bend Central's Kaitlyn Emanuel (23) and McKrae Muller (40) celebrate after defeating Adams Central in the Class C-1 girls state championship Saturday at Pinnacle Bank Arena.
LARRY ROBINSON, Journal Star
Hastings St. Cecilia teammates embrace after losing to Centura in the Class D-1 girls state championship Saturday at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Lincoln High's Briauna Robinson (center) celebrates with the Links' student section after defeating Millard North in a Class A girls state tournament semifinal Friday at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Elkhorn North's Sydney Stodden (left) and Mallory Hansen celebrate the win against York during a Class B girls state tournament semifinal game on Friday at Pinnacle Bank Arena.
JUSTIN WAN, Journal Star
Centura (left) greets Cedar Catholic before a Class D-1 girls state tournament semifinal Friday at the Devaney Sports Center.
LARRY ROBINSON Journal Star
Adams Central's Gracie Weichman (far right) embraces teammate Megyn Scott as the overtime draws to a close to win a Class C-1 girls state tournament semifinal game Friday at Pinnacle Bank Arena.
JUSTIN WAN Journal Star
the Sidney bench jumps for joy after defeating Beatrice during a Class B state girls basketball tournament first-round game on Thursday, March 2, 2023, at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Omaha Skutt's Molly Ladwig scores a layup over Waverly defenders in the first half during a Class B state girls basketball tournament first-round game at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
Elkhorn North's Britt Prince (2) walks onto court before facing Norris in a Class B girls state tournament first-round game Thursday at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Millard West's Maddie Wallor hits Lincoln High's Briauna Robinson in the face while she scores a basket during a Class A girls state basketball tournament first-round game Wednesday at Pinnacle Bank Arena
KENNETH FERRIERA Journal Star
Millard North's Avril Smith (right) and Kayla Preston (back) fight for a rebound against Lincoln North Star's Aleviah Anderson (left) during a Class A girls state tournament first-round game Wednesday at Pinnacle Bank Arena.
LARRY ROBINSON Journal Star
Lincoln Southwest head coach Tim Barada hugs Brinly Christensen as the final seconds of the fourth quarter come to a close in the Hawks' loss to Millard South in a Class A girls state basketball tournament first-round game Wednesday at Pinnacle Bank Arena.
KENNETH FERRIERA Journal Star
A bank employee was taken by ambulance to a local hospital after a woman drove her car through a window of LincOne Federal Credit Union near 48th and Vine streets on Wednesday.
JUSTIN WAN, Journal Star
Malcolm celebrates after defeating Wahoo in a Class C-1 girls state basketball tournament first-round game Wednesday at the Devaney Sports Center.
LARRY ROBINSON Journal Star
Christ Lincoln Schools fourth grader Hudson Parr (right) rides the metal pig statue named Petunia as Gov. Jim Pillen watches on Wednesday.Â
JUSTIN WAN, Journal Star
Reach the writer at 402-473-7120 or cdunker@journalstar.com .
On Twitter @ChrisDunkerLJS
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