HOUSTON (AP) _ Anna Nicole Smith conceded Monday to the cremation of her millionaire husband, J. Howard Marshall, and in a Solomon-like gesture, also agreed to split the ashes with the oil baron's children.

``I think it's fair. I'm at peace with what happened. I'm glad it's all behind me. Thank you,'' said Ms. Smith after reaching the settlement during a three-hour court recess.

The proceedings were interrupted when Ms. Smith was overcome with emotion and had to be helped out of the courtroom.

Money was not a part of the settlement, said Diana Marshall, the widow's attorney.

It was the latest chapter in the bizarre battle between the 27-year-old former Playboy and jeans model and the family of the multimillionaire oil tycoon, who died 10 days ago at age 90.

Ms. Smith, whose legal name is Vicki Lynn Marshall, had wanted her husband buried in a mausoleum. His family, represented by son E. Pierce Marshall, wanted the remains cremated.

At issue Monday was a funeral contract drawn up in January in which E. Pierce Marshall, who in 1994 was given power of attorney over his father's affairs, specified his father should be cremated.

Ms. Smith's attorneys contend she was at her ailing husband's bedside while Marshall was at the funeral home arranging the contract.

According to a probate court document filed Monday, Ms. Smith called the funeral arrangements ``a gesture of spiteful contempt for his father's marriage.''

But Joseph Horrigan, an attorney for Pierce Marshall, said the family was only following their father's wishes.

``What is really at issue is not what Vicki Marshall wants, not what Pierce Marshall wants, but what J. Howard Marshall wants,'' he said.

An hour into Monday's hearing, Pierce Marshall was testifying when Ms. Smith, seated at a table between two attorneys, began swaying in her chair. Testimony stopped and the lawyers helped the buxom 5-foot-11 client out of the room.

Still to come is the battle over the multimillionaire's fortune. Forbes magazine reported his assets were $525 million in 1991.

Attorneys have said Ms. Smith will press for half of whatever Marshall earned during their 14-month marriage.

Ms. Smith met Marshall in 1988 when she was dancing in a topless bar.