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Anna Nicole Smith's mother has dropped her bid for custody of the model's body, her lawyer said Wednesday, clearing the way for burial in the Bahamas this week.

"It's going to be difficult to appeal the ruling, so we're not going to appeal," said Tom Pirtle, attorney for Virgie Arthur, who had been fighting last week's ruling from Circuit Judge Larry Seidlin that gave control of Smith's body to an advocate for Smith's 5-month-old daughter, Dannielynn.

Arthur wanted to bury Smith in her home state of Texas. The advocate, lawyer Richard Milstein, has plans for a burial in the Bahamas on Friday beside Smith's 20-year-old son, who died last year of apparent drug-related causes.

Smith's boyfriend, Howard K. Stern, and others had argued during the trial that the pinup wanted to be buried in the Bahamas.

Florida's 4th District Court of Appeal on Wednesday agreed and declined to overturn Seidlin's ruling, concluding that Smith's "last ascertainable wish" was to be buried alongside her son. "This finding is not essentially disputed," the judges wrote in their ruling.

Smith's body has been held in a Broward County Medical Examiner's Office refrigerator since shortly after she died Feb. 8 in a Florida hotel room at age 39.


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