Court to hear Anna Nicole burial appeal

The fate of Anna Nicole Smith's body is now in the hands of three appeals court judges who will decide whether to overturn a …

The fate of Anna Nicole Smith's body is now in the hands of three appeals court judges who will decide whether to overturn a trial court ruling that meant the model would be buried in the Bahamas.

The Florida 4th District Court of Appeal is considering a petition filed yesterday by the model's estranged mother, Virgie Arthur, who challenged the trial court's decision last week that gave control of Ms Smith's body to an attorney for her infant daughter.

The advocate for the child, Richard Milstein, and the attorney for Ms Smith's boyfriend, Howard K. Stern, have until 2pm today to respond to the challenge.

Mr Milstein had said he would bury Ms Smith in the Bahamas beside her 20-year-old son, who died last year.

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Circuit Judge Larry Seidlin ruled last week that Mr Milstein should get custody of the body after hearing testimony that Ms Smith wanted to be buried in the Bahamas.

But Ms Arthur wants Ms Smith buried in her native Texas and claims Mr Seidlin had no authority under Florida law to grant custody of Ms Smith's body to the little girl's guardian.

AP