KIISQueen

Justices gave new legal life to Smith's bid to collect millions of dollars from the estate of J. Howard Marshall II. Her late husband's estate has been estimated at as much as $1.6 billion.

Smith has been embroiled in a long running cross-country court fight with Marshall's youngest son, E. Pierce Marshall. The court's decision, which was unanimous, means that it will not end anytime soon.

Justice Ruth Bader Ginsburg, writing for the court, said Smith should have a fresh chance to pursue claims in federal court.

Smith's case had brought unusual drama to the normally sedate high court.

Dressed in all black, she wept in the courtroom in late February as justices discussed Marshall and whether he had intended to provide for his young wife in death. When Smith arrived at the court, several photographers were knocked to the ground in a scuffle to photograph her.

She was a 26-year-old topless dancer when she married Marshall, then 89, in 1994. He died the following year, setting off an intense family fight.

At issue in the legal battle was competing court jurisdiction. A Texas court held a five-month trial before deciding that Smith was entitled to nothing from Marshall's estate. Smith brought a separate claim in federal court in California.

Justices said Monday that the 9th U.S. Circuit Court of Appeals was wrong in ruling that federal courts could not handle Smith's case.

Smith, the spokeswoman for a diet products company, had been awarded $474 million by a federal bankruptcy judge. That was later reduced by a federal district judge and then thrown out altogether by the San Francisco-based 9th Circuit. The case now goes back to California.

"I will continue to fight to uphold my father's estate plan and clear my name," Pierce Marshall said Monday.

Ginsburg noted that there are several pending issues that could still keep Smith from collecting any money.

So far, Smith has received nothing from Marshall's estate, although before his death Marshall showered Smith with $6.6 million in gifts that included two homes, expensive jewelry and clothes. She contends that he also promised her half his estate.

Ginsburg's opinion included only a hint of the nastiness of the family feud. She said there were accusations that Pierce Marshall "engaged in forgery, fraud, and overreaching to gain control of his father's assets" and, on the other side, that Smith had defamed her former stepson.

Pierce Marshall said in a statement that he would "continue to fight to clear my name in California federal court. That is a promise that (Smith) and her lawyers can take to the bank."

The case is Marshall v. Marshall, 04-1544.

johnnymk

Somehow the term "greedy wench' comes to my mind.

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nickel

somehow the term "link" also comes to mind.

but say this is factual, gotta say i tend to believe she married the old coot for his money, too.

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KIISQueen

Oh come on now, it's only so obvious she married him for his mula!!! Would you have married the old man? I know i wouldn't of I don't care how welll off he was!!!

DarkFury

I hear what they are saying... but honestly, just give her 50 to 100 million and let her go on her way. The man had 1.6 BILLION... geez. At the rate they are going, they lawyers are gonna end up with more money than the combatants. Sheesh.

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MikeD

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Sirrich3

hope this is finally over...

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ryan_self

It's pretty much a lock that she married him for his money, but really, who cares? The old coot probably had the best year of his life before kicking the bucket, she was still reasonably thin and attractive when they got hitched. If he wants a $1 billion hooker for a year, I have no problem with that.

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brainsmile

Yup... give her the 1/3 and give the kids 2/3

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"Nobody beats Vitus Gerulaitis 18 times in a row." - Vitus Gerulaitis on beating Jimmy Connors after 17 failed attempts.

verve247

She married him for the money BUT HE MARRIED HER FOR THE FUN. He knew what he was getting himself into and she deserves to get all the rights any widow would.

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dsuds

If they consumated the marriage then she DESERVES a big wad of moolah!! I mean look at the guy, he had one foot in the grave and the other on a banana peel.



I've heard of May-December romances before but this is qualified as an April-New Year's Eve relationship.

I'm with DF on the lawsuit. J. Howard III needs to get over it that his dad was bangin' a hotter chick than he was. (Pokes out mind's eye).