Supreme Court to Hear Anna Nicole Smith Case

By PopEater / Wire Services Posted Sep 28th 2010 11:20AM

The Supreme Court will decide whether the estate of Anna Nicole Smith should get part of the fortune left behind by the elderly Texas billionaire whom Smith married in the mid-1990s. The justices on Tuesday decided to reconsider an appeals court ruling against Smith's estate, which wants to capture some of the $1.6 billion estate of her husband, J. Howard Marshall, who died in 1995.

Marshall's will left nearly all his money to his son, E. Pierce Marshall, and nothing to Smith. The younger Marshall died in 2006 and Smith died of a drug overdose in 2008.

Smith challenged the will, claiming that her husband promised to leave her more than $300 million above the $7 million in cash and gifts showered on her during their 14-month marriage.

But the 9th U.S. Circuit Court of Appeals sided with a Houston jury that said Marshall was mentally fit and under no undue pressure when he wrote a will leaving nearly all of his $1.6 billion estate to his son and nothing to Smith.

Smith's estate is appealing that ruling.

Marshall's estate said they are ready to fight for their case. "We have never wavered in our commitment to uphold the clearly stated and carefully documented wishes of the late J. Howard Marshall, II concerning how he wished the estate he created be distributed after his death," a statement from the estate said.

The convoluted dispute over J. Howard Marshall's money has its roots in a Houston strip club where he met Smith. The two were wed in 1994 when he was 89 and she 26. Marshall died the next year and his will left his estate to his son.

Smith challenged the will in a Houston probate court, alleging the billionaire's son illegally coerced his father to exclude the former Playboy model from sharing the estate. She alleged that her husband promised to leave her much more.

While the probate case was pending in Houston, Smith filed for bankruptcy in Los Angeles, alleging in federal court filings that her husband promised her a large share of the estate.

In late 2000, the bankruptcy court awarded Smith $474.75 million, which a federal district court judge reduced to $89.5 million in 2002.

But in this case's first trip up to the Supreme Court, Supreme Court Justice Anthony Kennedy in March 2009 refused to lift a court order that prevented Smith's estate from collecting that money.

Elaine Marshall, Pierce Marshall's widow, had argued that the order preventing Smith's estate from collecting the money should remain in place while the tangle of competing claims was sorted out.

Smith's 4-year-old daughter, Dannielynn Birkhead, was named Smith's heir in 2008 after she died of a drug overdose at 39 at a Florida hotel. The girl's father, Larry Birkhead, and attorney Howard K. Stern are in charge of the estate.

Stern is on trial for drug conspiracy charges involving opiates and sedatives allegedly given to Smith.

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Tags: anna nicole smith, supreme court

Comments

(11)

Tuesday 28 September

By Bonbon

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I seriously think Stern kept her totally drugged so she wouldn't throw him out!

Wednesday 29 September

By BTDT

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He killed her. And her son as well.

Thursday 30 September

By sara

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You are so right, Bonbon, Howard Stern lived off of all the people around him, Annas' money, the money Anna got from Marshall and he kept Anna drugged up so he could spend money on anything HE needed. Howard never proved that he gave her anything. I dont know why he wasnt thinking about HOW many pills and stuff he was downing into her. I DO think he intended to kill Daniel due to the attention Anna paid Daniel. He (Howard)is a sorry s.o.b. I hope he pays very high for what he enabled Anna to have, Dannilyn now has to grow up without her mother, maybe not a bad thing, but, Daniel lost his life needlessly. What a huge mess Howard created.

By rosie

I for one do not see what the fight is all about. Marshal left her nothing in his will. Dannilyn is not Marshal's child. The estate of her mother is ridiculous to keep fighting this. Dannilyn has a father who is responsible for her support and upkeep. Not the estate of a deceased multimillionaire that was duped into marrying her. He supported her during the so called marriage and apparently she sqaundered everything. Another point, she had nothing to do with Marshal making all his money in the first place.

By Susy

You are absolutely right. The marriage only lasted one year or less, anyway. Sure, he might have told Anna he'd change his will -- she probably wouldn't sleep with him otherwise. I find it more amazing that Howard K. Stern is allowed anywhere near the Estate of Anna Nicole Smith while he's on trial for supplying her with the drugs that killed her!

By akaylaam92

I don't think either one of these losers should get a penny of that mans money. Everyone that was involved is dead and they need to just let it go.

By Lisa

never listen to what a man promises

By JIM

Really folks...Anna was paid for her services while the old geezer was alive.
The Marshall family has spent more to fight off the stripper than it would have cost to just settle.
Why? Because they KNOW what was true and what was not.
That estate will never see a dime more than they already have gotten.
And they shouldnt.

By JEB BUCKINGHAM

Jeez, she's deceased and her estate is still gold-digging Marshall's estate!

I THINK WITH ALL THAT MONEY THAT A TRUST FUND SHOULD BE MADE AVALABLE FOR THE DAUGHTER OF ANNA NICOLE.....SO SHE COULD ATTEND COLLEGE AND HAVE A CHANCE AT A BETTER LIFE ..............

Point being Jim, the child is not Marshall's therefore the estate owes her nothing. Yes it would be nice if they paid for an education but there responsible party for that is her father.

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