Supreme Court sympathetic to former Playmate

WASHINGTON - Playboy Playmate Anna Nicole Smith’s date with the Supreme Court had all the trappings of a soap opera: tears, a family feud and lots of money.

And justices hinted that the 11-year fight was far from over.

The court will decide in a few months whether to renew Smith’s claim to a piece of the estate of Texas oilman J. Howard Marshall II, who died at age 90 after a brief marriage to Smith.

The case pits Smith, 38, against her former stepson, 67-year-old E. Pierce Marshall.

Both were in court.

Smith, glamorous in a black dress with her long blond hair loose, wept as justices discussed her former husband.

Pierce Marshall, wearing a suit and accompanied by his wife, said afterward: “If I have to fight this for another 10 years I’m ready to do it.”

Justices treaded delicately on the subject matter.

As much as $1.6 billion in assets
Chief Justice John Roberts said the case involved “a substantial amount of assets,” referring to the fortune of Smith’s husband of 14 months. The estate was estimated at as much as $1.6 billion.

The court’s other new member, Samuel Alito, remained silent as did Justice Clarence Thomas.

Otherwise, however, it was a lively debate that included many references to Smith and her plight, although justices referred to her by her given name, Vickie Lynn.

Lawyers for Anna Nicole Smith appear to have persuaded a majority of the Supreme Court in her favor, judging from the questions during oral argument. The lawyers for Pierce Marshall, the Texas oilman's son, presented this as a case about which court -- state or federal -- gets to decide the meaning of wills. The Supreme Court appeared to see it differently, warming to the argument made by her lawyers that what this case is really about is a much more straightforward issue -- a lawsuit for damages. She claims Pierce's lawyers tried to cover up legal documents that concealed the real intent of J. Howard Marshall, the man Smith married. A ruling won't likely come for several months yet. -- Pete Williams, NBC Correspondent

Justice Stephen Breyer said there was evidence that J. Howard Marshall’s will was forged and that the son hired private detectives to keep Smith away from her elderly husband’s sick bed. She was a 26-year-old topless dancer, divorced with a son, when she and Marshall were married. One of her husband’s nurses testified that Smith bared her breasts to the bedridden man as part of her effort to get an inheritance.

“It’s quite a story,” Breyer marveled.

Justice David Souter distilled her claims in only a few words: “I just want some money from this guy.”

Her late husband, a widower with a penchant for strippers, showered Smith with gifts including two homes, jewelry and clothes.

In addition, she contends that he promised her half his estate.

Suing for damages
The legal issue has been presented by lawyers for Marshall’s son as a question of whether state or federal courts have jurisdiction in the matter. They have argued the case belongs in the Texas state court, which determined J. Howard Marshall’s estate belonged to E. Pierce Marshall.

But the nation’s highest court appeared to see it differently on Tuesday, according to NBC News’ Pete Williams.

Smith’s lawyers argued on Tuesday the case is actually a lawsuit for damages. Smith claims lawyers for E. Pierce Marshall tried to cover up legal documents that concealed parts of J. Howard Marshall’s will that designated money for her.

According to Smith, part of Marshall’s will was altered after he signed it. She alleges three pages were inserted into it after Marshall signed the trust, MSNBC Chief Washington Correspondent Norah O’Donnell reported on Tuesday.

The eventual ruling, which will determine whether Smith gets another chance at part of Marshall’s estate, is not expected for another few months, according to NBC News.

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