Mickey Rooney Estranged Wife Crumbles in Burial War

4/11/2014 7:00 AM PDT

Mickey Rooney -- Estranged Wife Crumbles in Burial War

Breaking News
Mickey Rooney can finally rest in peace -- his estranged wife has agreed to give up her fight to have the actor buried in a small family plot 30 miles West of Hollywood ... so he can be buried with movie legends instead.

Jan Rooney -- who separated from Mickey two years ago -- just filed legal docs, agreeing to let Rooney be buried at Hollywood Forever Cemetery, alongside film legends like Cecil B. DeMille, and Rudolph Valentino.

Jan wrote, "Despite my strong desires to be buried with my husband, I feel that I owe it to Mickey's fans to allow Mickey to be buried alongside other members of Hollywood royalty."

Jan claims Mickey had long wanted to be buried with his mother at a nearby family plot, but Mickey's lawyers have said the actor changed his tune in the wake of the couple's split ... wanting to be buried somewhere with a connection to Hollywood film stars instead.

It's unclear when the burial will take place.

11:30AM PT -- A judge just ruled that Mickey's stepson and his wife cannot attend the services, per the new burial agreement.