Feb 16, 2007 7:28 pm US/Eastern
Will Released In Anna Nicole Smith Case
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FT. LAUDERDALE (CBS4) ―
Anna Nicole Smith's will was presented to the court Friday as evidence in the legal battle over where the former Playboy Playmate should be buried and over the custody of her 5-month old daughter Dannielynn. Circuit Judge Larry Seidllin refused requests by both sides to keep it private.
The July 2001 will said the estate should be held in trust for her son Daniel Smith, who died last year. It does not say where Smith wanted to be buried, but it names Stern as her executor, who is asked to appear in the Broward courtroom on Feb. 20th.
"I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children and other descendants now living and those hereafter born or adopted," Smith said in the will.
Stern and photographer Larry Birkhead both claim they are the father of Smith's baby. Stern's name is listed as the father on Dannielynn's birth certificate.
Stern wants Anna Nicole to be buried next to her son in the Bahamas. Daniel, 20, died several days after the birth of his step-sister.
Smith's estranged mother, Vergie Arthur, wants her buried in Smith's home state of Texas. Stephen Tunstall, the attorney for Vergie Arthur, called the document a "phantom will," saying it is not valid because it was not filed in court.
Judge Seidlin also ordered Smith's longtime companion, Howard K. Stern, who did not attend Friday's hearing, to appear in court Tuesday, which is when the hearing resumes after the long holiday weekend.
Seidlin had already ordered that additional DNA be taken from Smith's body in the ongoing paternity battle between Stern, and Birkhead.
Seidlin also authorized medical examiners to embalm Smith's remains Friday. Her body has been at the Broward medical examiners office since the 39-year-old blonde bombshell died after collapsing at the Hard Rock Hotel and Casino on February 8th.
A cause of death has not been determined.
(© 2007 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
Slideshow: Anna Nicole Smith's Odd, Short Life
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