Anna Nicole Smith goes to the Supreme Court

Red · 09-27-2005

WASHINGTON (AP) -- Former Playboy model Anna Nicole Smith is going to the United States' highest court in her fight over the fortune of her 90-year-old late husband.

U.S. Supreme Court justices said Tuesday they would consider Smith's appeal, in which the stripper-turned-reality television star stands to win as much as $474 million that a bankruptcy judge initially said she was entitled to.

Smith has not gotten any money from the estate of J. Howard Marshall II, an oil tycoon who married her in 1994 when he was 89 and she was 26. Marshall, one of Texas' wealthiest men, died in 1995.

At issue for the court is a relatively mundane technical issue: when federal courts may hear claims that are also involved state probate proceedings. But the facts of the case are eye-catching.

The 1993 Playmate of the Year and self-described "blonde bombshell" claims her husband promised her millions but that his scheming son cut her out of the estate.

Her decade-long legal fight with E. Pierce Marshall has been marked by highs and lows.

The initial $474 million award was reduced to about $89 million, then thrown out altogether by the 9th U.S. Circuit Court of Appeals in San Francisco. The appeals court said that a Texas probate court's decision that the oilman's son was his sole heir should stand.

The appellate ruling that federal courts in California never had jurisdiction, erased a lower court finding that Smith was entitled to compensatory and punitive damages because Marshall's son tried to keep her from receiving money from his father's estate.

The Supreme Court filings included only a hint of the nastiness and sleaze from the family fight. The dispute has involved a "a bizarre set of events," justices were told in a filing by G. Eric Brunstad Jr., a Yale Law School professor who represents Marshall's son.

Smith, whose real name is Vickie Lynn Marshall, had received more than $6 million in gifts from her late husband, but was not included in his will, justices were told.

Brunstad said that Smith began her legal fight for her husband's money even before his death.

Smith's attorney, Kent Richland, told justices that Marshall's son "devotes nearly half his brief to manipulating the record to cast (Vickie) in a bad light." Richland said that J. Howard Marshall intended to provide for his wife throughout her life.

"His efforts failed, however, because -- as both lower courts found -- Pierce suppressed or destroyed the trust instrument and stripped Howard of all his assets before his death," Richland wrote.

http://www.cnn.com/2005/LAW/09/27/pl....ap/index.html

Newton · 09-28-2005

So being his knob puppet for a few months .. entitles her to 6 million in gifts .. ok fair play .. but 400+ million .. i personally think not

MorganGrayson · 09-28-2005

She was his legal wife, and whether his son likes it or not, it's not any of his greedy little business. There's not distinction in the law between a "faithful partner of 40 years who gets dumped for a younger model" or...the rather colorful term you used, my cupcake. Nor should their be. The legal term is "wife."

I hope she wins, not because I particularly give a damn about Anna Nicole, but I do give a damn about all the other legal wives out there.

Nickatilynx · 09-28-2005

BC law is really simple...

"Half"

Trev · 09-28-2005

She was his wife, nuff said.

ReighlynnRaine · 09-28-2005

Quote:

Originally Posted by Trev

She was his wife, nuff said.

Exactly!

09-27-2005	#1
Red Dreaming of a Cowboy Hat like Max Hardcore Join Date: Feb 2004 Posts: 1,812	Anna Nicole Smith goes to the Supreme Court WASHINGTON (AP) -- Former Playboy model Anna Nicole Smith is going to the United States' highest court in her fight over the fortune of her 90-year-old late husband. U.S. Supreme Court justices said Tuesday they would consider Smith's appeal, in which the stripper-turned-reality television star stands to win as much as $474 million that a bankruptcy judge initially said she was entitled to. Smith has not gotten any money from the estate of J. Howard Marshall II, an oil tycoon who married her in 1994 when he was 89 and she was 26. Marshall, one of Texas' wealthiest men, died in 1995. At issue for the court is a relatively mundane technical issue: when federal courts may hear claims that are also involved state probate proceedings. But the facts of the case are eye-catching. The 1993 Playmate of the Year and self-described "blonde bombshell" claims her husband promised her millions but that his scheming son cut her out of the estate. Her decade-long legal fight with E. Pierce Marshall has been marked by highs and lows. The initial $474 million award was reduced to about $89 million, then thrown out altogether by the 9th U.S. Circuit Court of Appeals in San Francisco. The appeals court said that a Texas probate court's decision that the oilman's son was his sole heir should stand. The appellate ruling that federal courts in California never had jurisdiction, erased a lower court finding that Smith was entitled to compensatory and punitive damages because Marshall's son tried to keep her from receiving money from his father's estate. The Supreme Court filings included only a hint of the nastiness and sleaze from the family fight. The dispute has involved a "a bizarre set of events," justices were told in a filing by G. Eric Brunstad Jr., a Yale Law School professor who represents Marshall's son. Smith, whose real name is Vickie Lynn Marshall, had received more than $6 million in gifts from her late husband, but was not included in his will, justices were told. Brunstad said that Smith began her legal fight for her husband's money even before his death. Smith's attorney, Kent Richland, told justices that Marshall's son "devotes nearly half his brief to manipulating the record to cast (Vickie) in a bad light." Richland said that J. Howard Marshall intended to provide for his wife throughout her life. "His efforts failed, however, because -- as both lower courts found -- Pierce suppressed or destroyed the trust instrument and stripped Howard of all his assets before his death," Richland wrote. http://www.cnn.com/2005/LAW/09/27/pl....ap/index.html __________________

09-28-2005	#2
Newton It's always business, never personal! The POWER of radio Oprano Radio Join Date: Aug 2004 Location: On a golf course Posts: 4,916	Re: Anna Nicole Smith goes to the Supreme Court So being his knob puppet for a few months .. entitles her to 6 million in gifts .. ok fair play .. but 400+ million .. i personally think not __________________ Poser Bush in a mix-up over his hi-tech gizmo - ICLOD

09-28-2005	#3
MorganGrayson None $100 for every ImLive sign-up Join Date: Apr 2004 Posts: 4,321	Re: Anna Nicole Smith goes to the Supreme Court She was his legal wife, and whether his son likes it or not, it's not any of his greedy little business. There's not distinction in the law between a "faithful partner of 40 years who gets dumped for a younger model" or...the rather colorful term you used, my cupcake. Nor should their be. The legal term is "wife." I hope she wins, not because I particularly give a damn about Anna Nicole, but I do give a damn about all the other legal wives out there.

09-28-2005	#4
Nickatilynx Banned Want to see your own Advertising Here! Join Date: Oct 2002 Location: Vancouver Canada Posts: 15,115	Re: Anna Nicole Smith goes to the Supreme Court BC law is really simple... "Half"

09-28-2005	#5
Trev Cunty Want to see your own Advertising Here! Join Date: Jan 2003 Posts: 10,150	Re: Anna Nicole Smith goes to the Supreme Court She was his wife, nuff said. __________________ Sucks to be you.