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James Brown, the soul singer who died on Christmas Day, will be buried at an undisclosed location after his six adult children ended the first round of their legal battle with Tomi Rae Hynie, his former partner.
But even as the family agreed on funeral plans, lawyers in Florida were engaged in a tussle over the body of another US celebrity, Anna Nicole Smith, the former Playboy model and would-be heiress.
Her case, which has already featured screaming lawyers, murder accusations, intimate revelations and disputed paternity claims, was interrupted yesterday with alarming news from a medical examiner.
Joshua Perper said that embalmers who came to check on Ms Smith found her body was decomposing more rapidly than expected. Judge Larry Seidlin declared that court needed “to enter a decision by the end of the week”.
Since Smith’s death on February 8 at the Seminole Hard Rock Hotel and Casino, three men have made claims to be the father of her infant daughter, Dannielynn, and a further three parties are fighting over where her body should be buried.
Howard Stern, her long-time boyfriend and lawyer, wants to bury her in the Bahamas. But Richard Milstein, a Miami lawyer appointed to represent Dannielynn’s interests, said that he or whoever is the natural father should have the right to decide. So does Smith’s estranged mother, Virgie Arthur. The paternity issue could have been resolved yesterday had Larry Birkhead, who is in a long line of people claiming to be Dannielynn’s father, and Mr Stern submitted to DNA tests. But Mr Stern told the judge that he was not willing to do so.
Brown’s children plan to continue their legal fight with his former partner even after the singer is buried.
The two-month fight over his body was part of a dispute for control of the estate and assets of the singer, complicated by claims that Tomi Rae Hynie Brown was not legally married to Brown.
“The children and the wife, my client Tomi Rae Brown [Hynie], have decided that he will be buried in a decent place but it’s going to be kept confidential,” said attorney Robert Rosen. Brown wanted to be buried on his estate at Beech Island, South Carolina but ownership of the property remains in doubt, he said.
Ms Hynie Brown received nothing when Brown’s will was read in January but will sue for 50 per cent of his estate with a further seventh to go to the child they had together, lawyers said.
The judge in the case had appointed a special administrator to oversee the execution of the will and would likely grant permission for DNA to be taken from Brown’s body to determine a contested paternity case, Mr Rosen said.
Brown’s attorney, Buddy Dallas, said that he was pleased and vindicated by the decision. It is unlikely to be the last hearing of the singer’s estate.
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