Anna Nicole Smith Wanted Now-Dead Son To Have Her Estate

Friday, February 16th 2007, 2:18 pm

By: News On 6

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 Friday.

The document said Howard K. Stern should hold the former Playboy playmate's estate should be held in trust for her son, Daniel, who died last year, three days after 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,'' Smith said in the will.

Stern and two other men claim to have fathered Smith's daughter, Dannielynn.

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

Stephen Tunstall, the attorney for 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 Smith's remains and tried to broker an agreement among the three people 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 over Smith's final resting place was in its third day when it stopped around noon Friday for the Presidents Day weekend. The hearing was to resume Tuesday.

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

Friday's proceedings moved out of Circuit Judge Larry Seidlin's chambers and into a courtroom to accommodate the horde of media and attorneys.

Seidlin warned attorneys he would schedule as many sessions as it takes to resolve the issue. He ordered Stern, who did not attend Friday's hearing, to appear in court Tuesday since he wants control of her body.

``This is a struggle for all of us,'' the judge said.

Stern, who isn't related to the radio host with a similar name, has said Smith wanted to be buried next to her son in the Bahamas. Arthur wants Smith buried in her home state of Texas.

Smith, 39, died Feb. 8 after collapsing at a Florida hotel. Her cause of death is not known.

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

Also in California, the state medical board is investigating a doctor who may have prescribed methadone to Smith through a prescription that contained an alias.

The Medical Board of California began looking at Dr. Sandeep Kapoor after receiving information about possible misconduct, board spokeswoman Candis Cohen said. Cohen declined to give details on the allegation or its source but said it was connected to Smith.

Among other things, the board is investigating whether it is legal to prescribe drugs for someone using an alias, Cohen said. She described the review as routine and said the board is obligated to review all allegations of physician misconduct.

A woman who answered the telephone at a listing for Kapoor in Los Angeles hung up when The Associated Press called Thursday.

Smith was the widow of Texas oil tycoon J. Howard Marshall II, whom she married in 1994 when he was 89 and she was 26. She had been fighting his family over his fortune since his death in 1995.