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Saturday, August 3
 
Attorney: Oldest daughter shouldn't see documents

Associated Press

INVERNESS, Fla. -- Ted Williams' oldest daughter shouldn't be allowed to see certain records concerning the whereabouts of his remains, according to her half siblings' attorney.

Bobby Jo Williams Ferrell is seeking documents that prove Williams wanted to be cryonically preserved after his death. That wish would contradict Williams' will, in which the baseball legend said he wanted to be cremated and his ashes spread in the ocean off Florida.

But Robert Goldman, the attorney for John Henry and Claudia Williams, filed a motion Friday claiming that Ferrell and her attorney shouldn't be allowed to continue with the discovery process until the issue of jurisdiction is resolved.

''We request that the court protect our legitimate and protectable interest in avoiding the time, effort, and expense of discovery when the court's jurisdiction to hear the merits may be lacking,'' said the motion, filed in Citrus County Probate Court.

In previous legal filings, Goldman has suggested the court does not have jurisdiction because Williams' body has been moved out of state.

Ferrell's lawyer, Richard Fitzpatrick, filed a subpoena Monday requesting Williams' medical records from a Gainesville hospital. ''These are all things I not only have the right, but also an obligation to my client to explore,'' Fitzpatrick said.

A hearing for partial summary judgment -- in which one party asks the judge to rule on parts of the case without hearing testimony -- was set for Oct. 3. A full hearing could come later.

Goldman also filed a document Thursday questioning Ferrell's right to demand her father's 1996 will be carried out, because the will states Ferrell should be treated as though she had died before her father.

Fitzpatrick scoffed at Goldman's assertion his client didn't have legal standing to uphold the will. ''If the children of the deceased don't have standing, who does?'' he asked.

Meanwhile, Ferrell has established a legal defense fund to support her quest to retrieve her father's body from an Arizona cryonics lab.

John Heer, Ferrell's Cleveland-based lawyer, said the fund was created to defray the considerable legal bills Ferrell will amass during the dispute.

Heer added that any extra money will be sent to the Jimmy Fund, which supports the fight against cancer at the Dana-Farber Cancer Institute in Boston.

Williams, who died on July 5, was one of the program's major benefactors.




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