Legal Opinion

In re the Trust for the Benefit of Duke

New Jersey Superior Court Appellate Division

Decided July 13, 1995PublishedCited by 15 opinions

1Opinion of the Court

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, executed his last will and testament and two trust instruments. All three of the documents were drafted by William R. Perkins, Esq. The first trust instrument, which Mr. Duke denominated…

2Cases cited41 opinions

  1. Judson v. Peoples Bank & Trust Co. of WestfieldSupreme Court of New Jersey · 1954
  2. Howard Savings Inst. of Newark v. PeepSupreme Court of New Jersey · 1961
  3. Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
  4. Haynes v. First Nat'l State Bk. of NJSupreme Court of New Jersey · 1981
  5. Davison v. Duke UniversitySupreme Court of North Carolina · 1973

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3Cited by15 opinions

  1. In Re Trust of RosenbergNebraska Supreme Court · 2007
  2. Marshall v. LauriaultCourt of Appeals for the Third Circuit · 2004
  3. Bank of New York v. Regional Housing Authority for Region ThreeNew Mexico Court of Appeals · 2005
  4. In re the Trust for the Benefit of DukeNew Jersey Superior Court Appellate Division · 1997
  5. Marshall v. LauriaultCourt of Appeals for the Third Circuit · 2004

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