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MATTER OF DUKE

305 N.J. Super. 408 (1995)

IN THE MATTER OF THE TRUST FOR THE BENEFIT OF DORIS DUKE, ET AL., UNDER INDENTURE AND DEED OF TRUST AND PERSONALTY DATED DECEMBER 11, 1924, OF JAMES B. DUKE.

Superior Court of New Jersey, Chancery Division Probate Part Somerset County.

Decided July 13, 1995.

Attorney(s) appearing for the Case

James C. Pitney for plaintiff trustees of The Doris Duke Trust (Pitney, Hardin, Kipp & Szuch, attorneys; Mr. Pitney, Richard Kahn and Lynn C. Halpern, on the briefs).

Gordon A. Millspaugh, Jr. for defendant The Duke Endowment (Herold & Haines, attorneys; Wayne A. Cross, Charles A. Severs, III, John Spuches, Ann G. Rappleye, Heather K. McDevitt, Joanna R. Swomley, of counsel for Dewey Ballantine, attorneys; Mr. Millspaugh and Earl Bennett, on the briefs).

Ann G. Rappleye and Wayne A. Cross for defendant The Duke Endowment (Dewey Ballantine, attorneys).

David G. Keyko for defendant Heffner (Winthrop, Stimson, Putnam & Roberts, attorneys).

DUPUIS, J.S.C.

This matter comes before the court upon cross-motions for summary judgment by the Duke Endowment ("The Endowment") and Chandi Duke Heffner ("Ms. Heffner"). Ms. Heffner has also filed motions to remove the Trustees, to disqualify the law firm of Dewey Ballantine and to strike certain allegations of the complaint.

On December 11, 1924, James B. Duke, a legal resident of the state of New Jersey...

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