Skip to comments.Highly-Paid National News Media All Get it Wrong on Last Will and Testament of Anna Nicole Smith
Posted on 02/27/2007 8:01:19 PM PST by Moseley
High-paid journalists, media "experts", and pundits are greatly confused in the enormous news coverage of legal battles over the body of Anna Nicole Smith, and custody of her 5 month old little girl Dannielynn.
Court hearings in Florida have prompted wall-to-wall live coverage on most of the nation's cable news channels and massive coverage overall.
The nation's best journalists interviewing supposedly highly-competent legal experts have all -- ERRONEOUSLY -- reported that the Last Will and Testament of Anna Nicole Smith DISINHERITED her 5 month old daughter boron in the Bahamas in September 2006. This is entirely false.
1) FIRST, Anna Nicole Smith's Last Will and Testament DOES NOT disinherit her second child, 5 month old Dannielyn. See: http://i.a.cnn.net/cnn/2007/images/02/16/pleadings021607v2.pdf
A) Under Section 4.3.1, "In all matters of interpretation, the masculine, feminine and neuter shall each include the other, as the context indicates, AND THE SINGULAR SHALL INCLUDE THE PLURAL AND VICE VERSA"
[Emphasis added by capitalization]
THIS MEANS THAT "CHILD" means "CHILDREN" and "CHILDREN" means "CHILD." For the interpretation of this will, THAT IS THE *LAW* OF THE WILL.
Where the will says "child" it must be read as CHILDREN.
B) IN ARTICLE II, DISPOSITION OF ESTATE, Anna Nicole Smith gave her entire wealth -- including any on-going business from her likeness or name -- as follows: All of the property of my estate (the "residue"), after payment of any taxes or other expenses of my estate as provided below, including property subject to a power of appointment exercised hereby, shall be distributed to HOWARD STERN, Esq., to hold in trust FOR MY CHILD
[that is CHILDREN]
under such terms as he and a court of competent jurisdiction may declare, SUCH THAT MY CHILDREN ARE
[PLURAL IN ORIGINAL]
[Capitalized for emphasis]
(Excerpt) Read more at ColdPeace.com ...
PLAYMATE'S DAUGHTER *NOT* WRITTEN OUT OF ANNA NICOLE'S WILL
UNPOPULAR HOWARD K. STERN WILL BE TRUSTEE OF PLAYMATE'S MILLIONS FOR NEXT 35 YEARS, FOR THE BENEFIT OF 5-MONTH OLD DANNIELYNN SMITH
SEE CORRECT LEGAL ANALYSIS BY ATTORNEYS on the link.
I have never cared much for this girl. I feel sorry for her in her death though. Some people seem to relish in it.
Sorry, the 5 year old girl was BORN not "boron" in the Bahamas. Much better that way. Sorry about that.
I haven't been paying attention to this story, but fox news keeps showing a picture of her dead body. That is odd and very poor taste isn't it?
I have been uniformly underwhelmed by the medias incompetence in legal coverage.
The absolute worst of the bunch are the former prosecutors. They were government lawyers, not working lawyers. In addition the absolute worst ones are the ones who claim to be undefeated. This just means they settled or dismissed their weak cases.
If the infant was 18 and not 5 months we would not be having this debate. Judge Seidlin may be odd, but I think the 4th will uphold that the body is the property of the daughter.
That's how I feel about it.
Its odd and in poor taste that the story is even
posted on Free Republic.
Administrator - isn't there a "Macabre Interests" section this should
be posted under?
Couldn't quite follow all the details but is the author trying to say that it's really algore's child?
I don't see how one could get much more specific than:
" .. Except as otherwise provided in this will, 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, as well as existing and future stepchildren and foster children. ..."
The "otherwise provided" doesn't appear anywhere. There is an alleged trust to be set up specifically for Daniel Smith by name. Stern, et al, are the appointed guardians of minor child, Daniel Smith, specified by name.
All that is moot, as Daniel Smith died at age 20.
Vickie Lynn Marshall, aka Anna Nicole Smith, was fully aware that she had given birth to another heir, Dannielynn, and additionally, her personal attorney, Howard K. Stern, was fully aware that she had given birth to another heir.
That no superseding will was drawn up (or has surfaced just yet, perhaps waiting for a more dramatic moment) just screams of incompetence. They managed to buy more burial plots, but didn't draw up legal papers for the distribution of the assets.
Something tells me there aren't many assets to distribute - and that even the erstwhile contingent attorney allegedly working so diligently on pursuing the Marshall case to add to the value of the estate doesn't believe there will be much in the way of future assets to distribute.
All this should've been done automatically either when Dannielynn was born or when Daniel died shortly thereafter.
I'm shocked, SHOCKED, I say.
My take is that when she ommitted other children, was that she had children out of wedlocks roaming around somewhere, probably with adopted parents, and she didn't want them showing up and making claims.
I suspect Stern will end up with the baby who will grow up a mess and any estate will be squandered. Sad thing.
Stern couldn't have loved her. He enabled her drug use, used her as his meal ticket and lived off of her notoriety. He is a disgusting individual.
That said, I'm underwhelmed by the coverage of the trial.
Thank goodness the Bahamas don't allow cameras into the courtroom... and they move at a snail's pace.
When you get right down to it, this is a worthless story.
When you get right down to it, this is a worthless story
I agree its become a worthless story. ANS should be buried next to her son. I think Howard did love her. Because I have had drug addicts in my family I know too well that an addict will get their drugs however they have to. So unless Howard is drug tested and a user I don't blame him as much as other people might. He may have stayed because if he told her not to do them she would have tossed him out. Then she would have had nobody. I don't know their personal lives. I don't care to either. I just wish the baby would go to a normal loving family. I really don't think any of these people involved are fit. Larry knew about the drugs, so did her mom ...So did anyone who saw that show. Thats the sad part. Its sad that someday this baby will see all of this and that she doesn't have too much of a chance at being a normal child. Prayers for the baby. ~P~
Would think even the 'they' i.e. AnnaNicole's share of responsibility anyway; given her mental/emotional/physical condition since the time of baby's birth-son's death. Her signature is not definative; and the only 'acting' agent, of course, is Howard Stern. The Court is saying as well; that they have no jusrisdiction over decision for baby's paternity - only the Bahamas; since that is where she was born. Would think the child had 'dual citizenship' and that her American aspect; along with that of her surviving and only thus far known 'family' would have some consideration and recourse here. The only thing certain; giving drug induced states of this woman; is that she did make 'clear' she wanted to be buried alongside her son. Personally, think he. . .and she. . .should rest in peace in Texas.
Beyond that; a messy bed was made here; and there can be no guarantees or surprises; at this point.
Among other things, Dannielynn is not a Bahamian citizen. She wasn't even born to a legal permanent resident, as Anna Nicole didn't own the required $500,000 home when she made the fraudulent application for permanent resident status.
She *borrowed* a home owned by someone else and was granted a PR certificate on a fast-track basis under even more shady circumstances. The Minister of Immigration has resigned over this.
The only way Dannielynn would ever be considered Bahamian is if she continues to reside in The Bahamas and makes a decision at age 18 to apply for citizenship - and then jumps through some other hoops as well.
At that time, she would renounce any US ties and must not vote in any other country than The Bahamas.
A couple points as to why I come out differently: (1) The role of guardian is different from the role of trustee. The guardian takes care of the PERSON of the minor child, acting like a parent. The trustee takes care of the MONEY. A will can name different people as guardian versus trustee. I say trustee -- not executor -- because the will creates a trust lasting for up to 35 years. An executor deals with the estate and closes things out. A trustee manages a trust. The will creates a trust.
I say that the "otherwise provided" DOES appear in Article II. A will can give money outright, or create a trust to have a trustee care for children over time.
The will DOES NOT set up a trust for Daniel by name. That's the entire point. The trust is set up for "MY CHILD" -- WITHOUT a name. "Child" can mean "children." And at Smith's dearh, she had ONE child... Dannielynn.
But "child" must be read as "children" under the will.
I agree. Dannielynn has NO residency in the Bahamas. Neither did Anna Nicole. She was only a visitor. Apparently Birkhead has an email in which she expressed her intention to return to California.
The trouble is that Dannielynn has never taken a breath inside the United States. So getting jurisdiction over Dannielynn is tought.
Your prediction has turned out exactly right. The appeals court did exactly what you predicted. The body is the property (if you will) of the daughter.
Except that it refers to "future children" which wouldn't apply to existing children born out of wedlock.
Good points all. Agree and understand. . .(I had a 'dual' as well). . .but offered that if vaguely; in the context of what was being offered today; that the Judge had already ruled that 'paternity' was not 'ours' to determine or require testing for. . .a decision to be made; only in the Bahamas; because that was where the baby was born; and was resideing. . .a ruling that appearedf to ignore; negate legal boundaries; as did the decision itself; to give the 'determination' of her body to a Guardian Ad Litem; rather than to her Mother/immediate family; as per the 'Law'.
We might as well; not be continually reminded, ad nauseum; as to 'what' ANS personally desired. Who could possibly know? Evidence surely suggests that she was never sufficiently coherent enough to know herself; for sure, not recent post partem; and simultaneous with her son's death.
Seems to me; if these Judges would honor 'the Law'. . .the legalities here; NAS would be in the ground already. . .and eventually, perhaps, beside her son; by which time; neither would be in the Bahamas. And neither would the baby; and Howard Stern would have been kicked out already, from the 'borrowed' mansion he and ANS shared.
(sp) 'residing'. . .
I don't believe that there is that much money also, unless this child is from the sperm of Marshall, I doubt there will be any more money either, but i don't know
***I totally agree. They need to bury her w/ her son regardless of any ongoing crap in the courts.
The will rendered Anna Nicole basically intestate.
Well, yes, but what the appellate court decided was that it was Anna Nicole's personal intention to be buried in the Bahamas next to Daniel. They didn't overturn the lower court because the net result was the same, even though the lower court decision was faulty.
Oh, there's money, and lots of it, to come. If there wasn't, Stern would have hightailed it out of there long ago.
It applies to existing children. "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."
"Its odd and in poor taste that the story is even
posted on Free Republic."
Hear, hear. Why are we, a conservative political discussion group, supposed to be interested a woman like this? Her life was a train wreck. I have no doubt that the life of her daughter will be the same. Every creep who ever knew her (and apparently she surrounded herself with them) is coming out of the woodwork trying to get his hands on her money. It's disgusting. Okay. Can we all move on now?
Yes, but it is people like you and me that keep posting to issues like this on Free Republic that keep it alive and popular
Just trying to appeal to fellow conservatives better instincts. Where else would you suggest I do that - DU?
I see some of you feel the same about ANS mother Vergie. I never got a good feel for her and her lawyer kept throwing at us how she is a deputy. Who cares? She seems like a major money grubber. I don't likee the blonde boyfriend either. He is enjoying all this a little too much. While I don't liek Stern ANS was with him so that should be all that matters. She should be buried and now next to her son and someone should tell Vergie to go home. She's had more thatn her 15 minutes!
With all due respect, please don't bore me with crap posts about Ms. Smith. Any interest in it is a display of a severe disorder!
Anna Nicole was Howard Stern's cash cow. Sure he will miss her, for he may have to go to work.
Nah, he doesn't have to go to work. He can just keep preying on her dead body and her infant daughter. He just made $3million on her funeral, and I'm sure there's more to come. He's probably got photos of her from the hotel when death was fresh, Those will be worth millions, too. And then there's all the money to be made off executing her will, and then all the money to be made as trustee of Dannielynn's inheritance.
He's set for life.
I contend he killed Anna Nicole and her son.