Order Issued in Anna Nicole Smith's Remains Hearing

Attorney for Dannielynn is Awarded Custody of Anna Nicole's Remains

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Judge Seidlin has awarded Anna Nicole Smith's remains to Attorney Milstein, the guardian appointed for her infant daughter Dannielynn. However Seidlin stated that he wanted Anna Nicole Smith to be buried next to her son Daniel in the Bahamas.

Seidlin has also suggested that Attorney Milstein will need to consult with all the parties involved to talk about their wishes and attempt to come to a compromise. Seidlin was sure to emphasize that Milstein ultimately has the final decision on where Anna Nicole Smith's body will be buried.

He closed with "And I hope to God that you guys give the kid the right shot, I sign this order effective almost 4:00, it's a long order, it's a long order."

When Judge Seidlin returned to issue his verdict he first stated, "Once this order is signed, you are done with me" and that he was relinquishing the case to the family court judge and that there is only one issue before this court to decide. "Who is entitled to the remains of Anna Nicole Smith?"

During the live broadcast of the end of the Anna Nicole Smith hearing Judge Seidlin could be seen fighting back tears as he spoke to the participants. He said he has suffered and cried for, and with the all of the participants including Anna Nicole.

Before he left for a brief break before returning to issue his verdict, Seidlin said how much he was concerned with the fact that Daniel was already buried in the Bahamas and that Anna Nicole Smith's wishes were to be buried next to her son.

Seidlin said, "He was trying to figure out in a spiritual sense how to bring it all together."

Seidlin seemed very upset when he told the participants that there has been enough of this baloney and that paternity tests need to be conducted and the biological father of Dannielynn needs to be determined.

Both Smith's mother and Stern had previously agreed that her wishes were to be buried next to Marilyn Monroe. However Stern has claimed that after the death of Smith's son, her wishes had changed and she now wanted buried next to her son.

Within an hour of this verdict, participants left the courthouse together where Howard K. Stern said he only wanted Anna Nicole Smith's wishes to be granted and he was happy with the outcome. Larry Birkhead's attorney stated that he will have a chance to see Dannielynn at Smith's funeral and thanked Stern for it. Smith's mother had a hard time speaking and answering questions and was noticeably upset.

When the question of whether or not Smith would be buried in the Bahamas was asked, the lawyers said that she would be buried in the Bahamas next to her son and that the funeral would be private as Smith would have wanted.

Within moments of the parties announcing this news, the Chief Medical Examiner held a press conference where he stated that he has received a verbal court order but revealed that the order is now under appeal and that the body will not be moved until the appeal is resolved.

It can only be presumed that Smith's mother is the one who filed the appeal as she is the one that is considered to have lost in this matter.

Legal professionals are stating that filing an appeal doesn't automatically stop the order from being fulfilled and that there would have to be a stay put on the order to legally halt it from being carried through.

In what is considered unusual, Judge Seidlin has requested that the Chief Medical Examiner attend the transporting of the Anna Nicole Smith's body to the Bahamas.

Sources: CNN

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  • Custody Order Of Anna Nicole Smith's Remains Has Been Appealed
  • Medical Examiner states body is in good condition
  • Medical Examiner said that out of respect for Smith, her body should be buried as soon as possible

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