Judge Refuses to Limit Inquiry Into Tobacco Heiress’s Death

A judge rejected an attempt Tuesday to limit a court-ordered inquiry into the death of Doris Duke, declaring that lawyers for the butler of the late tobacco heiress really were seeking to destroy the efforts of a special investigator.

Manhattan Surrogate’s Court Judge Eve Preminger labeled as surprising a motion by lawyers for Bernard Lafferty challenging the role of Richard Kuh. Kuh, a former Manhattan district attorney, was named by the judge in January to examine allegations that the 80-year-old Duke did not die of natural causes in her home above Beverly Hills in 1993.

“This case is inextricably tied up with the public interest and vast sums of money for the public good,” Preminger said.

Duke’s will, which is being contested, named Lafferty, 49, as co-executor of her $1.1-billion estate, along with the United States Trust Co. of New York. Lafferty joined Duke’s staff as a butler in 1986 but said he functioned as her administrative assistant in later years.

In court papers, Lafferty’s lawyers complained that Kuh was engaged in a broad fishing expedition that could help challengers to the will and three former Duke employees who are seeking damages.

Lafferty’s lawyers complained that Kuh had moved beyond the scope of his appointment by looking into the validity of the will--whether Duke was unduly influenced or competent when she signed the document in April, 1993, while a patient at Cedars-Sinai Medical Center.

Preminger indicated that while Kuh was not asked to investigate the will’s validity and Duke’s competence, he would probably touch on those issues when he reports on the conduct of Duke’s current executors.

“I have full confidence in Mr. Kuh,” the judge said.

Kuh, who was present at the hearing, told Preminger that lawyers for the estate and Lafferty were fully cooperative during the first 30 days of his inquiry, but not in the last 20 days.

For example, he said, the lawyers initially declined to allow the jeweler Cartier Inc. to release receipts for $34,000 in credit card purchases on Oct. 28, 1994--the first anniversary of Duke’s death. He said he thought the purchases consisted of six watches that Lafferty used as gifts to different people.

But on Tuesday, at the urging of Preminger, the lawyers agreed to authorize Cartier to provide the information.

Goldman reported from New York and Lieberman from Los Angeles.