- The Washington Times - Saturday, February 17, 2007

FORT LAUDERDALE, Fla. (AP) — Anna Nicole Smith said in a 2001 will that her estate should be given to her longtime companion to hold in trust for her son, who has died, according to a copy released yesterday.

The document said Howard K. Stern should hold the former Playboy Playmate’s estate in trust for her son, Daniel, who died last year, three days after Mrs. Smith gave birth to a daughter.

“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,” Mrs. Smith said in the will.

Mr. Stern and two other men claim to have fathered Mrs. Smith’s daughter, Dannielynn.

The will did not say where Mrs. Smith wanted to be buried, but named Mr. Stern as her executor.

Stephen Tunstall, the attorney for Mrs. Smith’s estranged mother, Virgie Arthur, called the document a “phantom will,” saying it is not valid because it was not filed in court.

The will was released hours after a judge approved the embalming of Mrs. Smith’s remains and tried to broker an agreement among the three persons fighting over her body.

Lengthy legal fights still loomed over where she will be buried and who will get custody of the daughter. A hearing regarding Mrs. Smith’s final resting place was in its third day when it stopped about noon yesterday for the Presidents Day weekend. The hearing was to resume Tuesday.

Mr. Stern is trying to get control of the remains, as is Mrs. Smith’s mother. Photographer Larry Birkhead hopes Mrs. Smith’s DNA will help prove he fathered Dannielynn. Mr. Stern is listed as the father on the girl’s birth certificate.

Yesterday’s proceedings moved out of Circuit Judge Larry Seidlin’s chambers and into a courtroom to accommodate the horde of press people and attorneys.

Judge Seidlin told attorneys he would schedule as many sessions as it takes to resolve the issue. He ordered Mr. Stern, who did not attend yesterday’s hearing, to appear in court Tuesday because he wants control of her body.

Mr. Stern, has said Mrs. Smith wanted to be buried next to her son in the Bahamas. Mrs. Arthur wants Mrs. Smith buried in her home state of Texas.

Mrs. Smith, 39, died Feb. 8 after collapsing at a Florida hotel. Her cause of death is still being determined.

In California, Prince Frederic von Anhalt, the husband of actress Zsa Zsa Gabor, filed legal documents Thursday seeking a DNA test to determine whether he fathered the baby. Mr. Von Anhalt, who says he is 59, has said he and Mrs. Smith had a decadelong affair.

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