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 ...
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!
Who cares!!!
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.
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