Family to split singer's effects

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James Brown's 5-year-old son and the child's mother were excluded from the late singer's will that was read Thursday, according to an attorney handling his estate.

Tomi Rae Hynie Brown and James Brown Jr. are not mentioned in the will, and Mrs. Brown said she was not informed of Thursday's reading.  Chris Thelen/Staff
Chris Thelen/Staff
Tomi Rae Hynie Brown and James Brown Jr. are not mentioned in the will, and Mrs. Brown said she was not informed of Thursday's reading.

Aiken attorney Strom Thurmond Jr. said Mr. Brown's six grown children are in the will, but not James Brown Jr. or Tomi Rae Hynie Brown, who is either the entertainer's widow or ex-girlfriend pending the settlement of an ongoing dispute.

The will calls for Mr. Brown's personal effects to be divided equally among his children, one of Mr. Brown's attorneys, Debra Opri, told The Augusta Chronicle. Mrs. Brown was not present for the reading of the will, but Mr. Brown's adult children attended.

The Irrevocable Trust Agreement of James Brown won't be divvied up, Ms. Opri said. The trust controls the music icon's legacy, music rights, persona and 60-acre estate in Beech Island. The trustees are Mr. Brown's longtime attorney Buddy Dallas, accountant David Cannon and former South Carolina magistrate Alford "Judge" Bradley.

Ms. Opri would not comment on the value of Mr. Brown's estate.

"He was a very, very wealthy man, and all of his estate is in that trust," she said.

Mr. Dallas also would not discuss details, deferring to the probate attorney, Mr. Thurmond. Mr. Dallas said the document will be filed in Aiken County within the next two weeks.

Contacted by telephone, Mrs. Brown said she wasn't aware of the will reading, and she said she would contact her attorney in Charleston, S.C., to find out why she wasn't notified or allowed to participate.

Her attorney, Robert Rosen, said he will ask Mr. Thurmond to send him a copy of the will.

"We obviously cannot take any action until we see the will," he said.

Mr. Rosen said he's prepared to take Mrs. Brown's claims that she is the singer's widow to the South Carolina Supreme Court if necessary.

Mr. Brown's attorneys contend she is not his widow because she was still married to another man when they said their vows, and because those vows were never renewed once her first marriage was annulled. They also have hinted that her child isn't Mr. Brown's.

If her marriage to Mr. Brown is upheld, Mr. Rosen said, under state law she would be entitled to one-third of his assets regardless of what the will says. If the will is deemed invalid, Mrs. Brown would receive 50 percent of his assets, with the remaining half divided equally among his children, Mr. Rosen said.

Mrs. Brown said she and James Jr. are currently living "out of suitcases" in Los Angeles. She said she was registering James for school Thursday when a reporter called.

She repeated that she is eager to have a paternity test performed to prove that her son is Mr. Brown's child, and she wants the sample tested against his other children - daughters Venisha, Yamma and Deanna and sons Terry, Larry and Daryl.

"They all know that's their little brother," Mrs. Brown said.

A final resting place for Mr. Brown has yet to be determined, his gold coffin still sitting inside his Beech Island home since it was brought there after his Dec. 30 funeral.

Charlie Reid Jr., manager and funeral director of C.A. Reid Sr. Memorial Funeral Home, said Thursday that the family is leaning toward placing the coffin in a mausoleum somewhere on his estate, but no final decision has been made.

Associated Press reports were used in this article.

Reach Johnny Edwards and Mike Wynn at (706) 724-0851.

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duanes06
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duanes06 01/12/07 - 07:52 pm
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Mr Dallas bought the estate

Mr Dallas bought the estate from Mr Brown in 2000 didn't he due to tax wranglings with Mr Brown? Mr Dallas in my opinion has quite a stake in this, greedy you know what! I say give JR. his due afterall he was fathered by Mr Brown. I will have lost respect for Mr Brown if he intentionally left his youngest one out, but I dont think Mr Brown would do that knowingly.

september 5th
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september 5th 01/12/07 - 08:02 pm
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duanes06 read the

duanes06 read the article..buddy dallas was not willed the estate (house) he has control of the brown trust...i.e. any monies made after james brown's death! fraud fraud fraud!

duanes06
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duanes06 01/12/07 - 08:13 pm
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He (Mr Dallas) sounded like a

He (Mr Dallas) sounded like a fraud to me from the beginning! Has the man have no heart for a 5 year old child?

denisecitlims
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denisecitlims 01/12/07 - 10:36 pm
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I think JB's comment

I think JB's comment concernig the picking of a gravesite would be "CAN YOU DIG IT"

devaughny
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devaughny 01/12/07 - 10:47 pm
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I HOPE THAT YOUR HAPPY NOW

I HOPE THAT YOUR HAPPY NOW DEANNE ? WELL WELL WELL, I tried to warn James Brown kids and rev's to watch the white boy. Mr. Slick Oil Saleman Dallas got control of the whole pie. I invite anybody to go back and read the piece titled "Brown gives tearful interview" dated jan 4, You will see that i predicted this and it serves them right.. Tami was never a real forcus of the snake aka Mr. Dallas, he asigned stupid Deanna, the other fools and, the rev's to keep tomi at bay while he went to the lab to make up a trust to serve everybody....They will never get enough, trusting the opposition...HOOKED WRINKED !!!!!!!!!!!!

diamondeyeseyes4me222
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diamondeyeseyes4me222 01/12/07 - 11:34 pm
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Tomi Rae is so dramatic i

Tomi Rae is so dramatic i agree with KLD108 and advance each interview she has is a different story. some people like attention and the media is using her to their advantage when james brown was alive people in the community was'nt really concerned now that he is gone everyone want to bash him and talk about him. noone is perfect we all have made mistakes if he left anyone out of the will it had to be for his own personal reasons james brown was a private man unlike toi rae he never got his story out to the media or anyone else who would listen for that matter. where were all the celebrities the ones who copied his style? micheal jackson live out of the country but he came. As for his family yes they need to bury him ASAP!!! it's really really sad for him to not be buried. I know yama and deanna are not out for their father money, yama is a doctor and deanna has a good job also they have their own money and they are doing quite well their father did'nt give them a thing based on him being james brown the entertainer he helped them as james brown the father they had to work for some things in life also on their own like anyone else.

diamondeyeseyes4me222
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diamondeyeseyes4me222 01/12/07 - 11:48 pm
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and for people to say his

and for people to say his other kids need to get a dna james brown did'nt tell anyone to have them tested he needed to know his kids are grown that was never a issue. His lawyers said he wanted to know about tomi rae son his kids did'nt go on t.v. or radio saying their father requested a blood test so his kids should'nt be blame for some things. I'm praying that he be buried and soon that's all my family know two of james brown daughters i met him several times he was respectful each time i don't have anything bad to say about him and i've met him. and i just wish tomi rae would stop going to every t.v. station just sit down with her lawywers and his lawyers and tyr to come to an agreement going on t.v. telling your business is only making things worse hiring bodyguards to protect her from his fans is UNCALLED FOR it is'nt even that serious. you can't believe everything on t.v. each channel has to have good ratings some stuff is edited out and added in and rumors are started. they had promblems they fought that's the past and she choose to go back that is still coming up and she is bringing up issues with him suing yama and dee that is old news the media love this type of stuff.

MyOpinion1
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MyOpinion1 01/13/07 - 12:55 am
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Apinga-You need prayer. And

Apinga-You need prayer. And I will pray for you!

CSRAresident
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CSRAresident 01/13/07 - 01:30 am
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Some keep saying Tomi had 80K

Some keep saying Tomi had 80K but yet she said at the gates she had nothing.Well guess what, maybe she had nothing at that time. Banks are closed on Saturday, Sunday, Christmas day. So, maybe she was telling the truth. She just came out of rehab and most people don't get out with a wad of cash.

my opinion matters
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my opinion matters 01/13/07 - 08:49 am
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karribou,scotter32,hr69 I am

karribou,scotter32,hr69 I am with you on that. It seem that Buddy could of change the will into his own words so he could exclude Tomi and James Jr. Buddy all for hisself. He left a WHITE man over his money when he know how greedy they is over money. Something is just not right. I hope Tomi continue to fight and when she wins I hope she sues the pants off of their behinds.

luckie
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luckie 01/13/07 - 10:42 am
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Please do not say that JB was

Please do not say that JB was not smart. JB wants his estate to become like a graceland. If he would have left the estate to his children with those wishes, it would not have happened. Everything would have been sold and divided up. JB will continue to carry on because the attorney and accountant are going to use his assests and all the future assets to establish the JB graceland. They will carry on his name in dignity and get rich off of it. That is what JB wanted. The kids are too busy with their own lives. His accountant will continue managing his money that will continue to come in. Someone please respond.

luckie
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luckie 01/13/07 - 10:57 am
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We keep spinning circles with

We keep spinning circles with the same assumptions. This is the new info we need. Where is the man that tommie rae got the annulment from. He certainly could be making some money right about now. JB was not a light skinned black man I have multi racial children. If tommie rae knew this was jb kid, she would have demanded a paternity test to show the whole world that this is jb child and all would accept them. She is not taking the right approach.

idnts701
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idnts701 01/13/07 - 11:43 am
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Tomi Rae needs to step up and

Tomi Rae needs to step up and PROVE her point with JB, Jr. being the biological child of Mr. Brown. I think they were all stuck in the A-- with a "red hot poker" by Mr. Dallas. If she (Tomi) is not going to fight for her (questionable marriage or whatever she was to JB), she should fight for that little boy she claims to be JB's child. Besides, the will specified the belongings go to the CHILDREN, and I agree with fergie01--no names of the children were disclosed--so does that include JB, Jr? Tomi Rae needs to STEP UP as far as that kid goes, I think. I think the "financial" part of this situation is going to surface big-time--the children may end up suing Mr. Dallas-- The SAGA continues....

EdithPiaf
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EdithPiaf 01/13/07 - 11:53 am
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OMG I can NOT believe the

OMG I can NOT believe the things you people are saying!! Advance seems to be the worst one--- and the most confused one because some of your posts are very confusing to read.
Anyway, HERE it is and this is the last time that I will explain it to you all.
The marriage to the Pakistan man was BRIEF. And it was back in '97.

The marriage to the Pakistan man was not a valid marriage because the Pakistan man WAS ALREADY MARRIED. Tomi Rae did not even have to GET an anullment, but she did anyway. So, it makes no difference if she and The Godfather renewed their vows. This is what makes her marriage to James Brown VALID.
So..... Tomi Rae will get AT LEAST one third if not HALF!!!! So, all you haters out there--- go sit down. She will get what THE WIFE is supposed to get. That doesn't make her a gold digger!!
As far as the DNA testing is concerned--- how disrespectful to JB can you get??? If he wanted a DNA test done he got it already when the boy was a baby. That is why he allowed the baby to be named after him and call him DADDY. You folks just want a DNA cuz you're NOSY. I'd love for the grown kids to get one though.Vaneshia is the only grown one that is definately his my opinion.

idnts701
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idnts701 01/13/07 - 12:14 pm
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And Tomi Rae needs to go

And Tomi Rae needs to go ahead and do the DNA to prove her claim, and then really fight for the benefit and welfare of JB, Jr. since her marriage to JB is sort of pushed to the side now, but establishing paternity for the kid should be her FIRST priority. The DNA saga continues...

gods blessings
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gods blessings 01/13/07 - 12:50 pm
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His kids should split the

His kids should split the money evenly with the little boy. After all the daughters were just in court not to long ago attempting to sue their father for songs that they claimed to have written at the ages of 4 thru 6. They are all for the money anyway. Just cut the child in.......

diamondeyeseyes4me222
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diamondeyeseyes4me222 01/13/07 - 01:28 pm
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maybe dee and yama and his

maybe dee and yama and his other kids will spilt the money with her if she sit still and stop going from city to city telling her business. If she was his wife the hospital in atlanta would have waited for her to tell them when to have his body moved and which funeral home i don't care if she was in rehab she talked to him the day before he died so someone knew how to get in contact with her. If she was the WIFE????????? yama would'nt had to go to the hospital and wait for the family to come and make that decision and he always told his kids if something happened to him to call al sharpton so none is pushing her aside from being his wife the wife makes the arrangements. she did'nt ride to new york with his body al sharpton did and there is no such thing as the family pushed you aside you could'nt participate in your husband funeral you are the wife you are in charge. people are getting stories from the media and half the stories are WRONG, WRONG, WRONG. yes they sued their father that was years ago he got over it he loved dee and yama to his last breath this is coming to me from no news outlets this i know,he got over it so should everyone else the media got half of that wrong to .

diamondeyeseyes4me222
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diamondeyeseyes4me222 01/13/07 - 01:41 pm
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His family put him away

His family put him away nicely and they should be proud ,yes he need to be buried. But all these attacks on his kids is outrageous why would they want his money when they are already established ,as well as their husbands? they are not wanting for anything if it was about money they would have wiped his trust away a long time ago. It's not about money they are protecting his legacy and trust the more haters they have, the more prayers they have coming they are not in a hole crying because people are blaming them for half of this.when james brown gave out toys and turkeys to the community he did that from his heart have the people talking about him now loved him then. it's not right to talk about the deceased in a bad way, If tomi rae is his wife and find the papers to prove it she will get her share, I'm praying for them all.augusta is the city he loved so much and since his death the community still can't come together in a positive way. it will be something on the news tonight and for many weeks to come about this matter and their ratings will continue to go up.

devaughny
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devaughny 01/13/07 - 02:46 pm
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It's not hard to understand?

It's not hard to understand? The plot could have beginned from the start JB other kids could have made it a point to not including Tammi from the start. Its not unbelieveable that the kids were not happy with the fact that their older father married a younger women. Some people just have a hard time accepting the fact of seeing a younger person dating or marrying an older person, case and point i.e Anne Nicole Smith. Maybe it's another case of the child dont want their father to be happy, regardless of the wife age. Its not uncomman that the hosiptal released the remaids of James Brown to a daughter, especially when they was told JB is not married. who knows ?This leaves the hospital in one position, and that is to give the remaids to the next of kin. It's not uncommon that Dallas and JB other kids could have been conspiring from the beginning. No body knows who called who or who knew about James Brown death other then his manager. Now that the Slick Oil Salemen aka Mr. Dallas control the whole pie "I hope their happy now". Mr. Dallas has sent them all on a westernly course. Pappa have a brand new bag and it empty. Dallas you a slick one !

KATHRYNTHIGPEN
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KATHRYNTHIGPEN 01/13/07 - 03:52 pm
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Why don't all of you who

Why don't all of you who think you know so much go to the Aiken County Gov. web site and look up the property. It is a matter of public record..it plainly states that the property is part of the Baynham Trust/ Irrevocable Trust Agreement with James Brown & Trustees ETAL which cover 62.08 acres on Douglas Drive in Beech Island, S.C.. It is my understanding that the land originally belonged to Ms. Baynham who was once a McElmurrary who owned all this property since maybe noah's ark landed. Some one also said that at some point in time Mr. Dallas' father may have once owned part of the property, but I do not know that to be a fact. regardless Mr. Brown assigned three of his most trusted and loyal friends to be trustees of his Trust. If you will read up on wills you will find there is alot of difference in a normal will and a trust. An Irrevocable Trust is not just a simple hand written will on a scrap of paper and can not be forged or changed as easily as some of you seem to believe.James Brown may not have gone past the 3rd grade but he was not a stupid man by any means. Mr. Dallas is only 1 of 3 trustees and 1 can't move without the other 2. They control the estate not get it !!!

KATHRYNTHIGPEN
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KATHRYNTHIGPEN 01/13/07 - 03:57 pm
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P.S. I KNOW THE FACTS ON THE

P.S. I KNOW THE FACTS ON THE PROPERTY TO BE ACTUAL FACTS BECAUSE I OWN THE PROPERY NEXT DOOR. Just in case anyone wanted to question my knowledge base.(and have for 17 years)

devaughny
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devaughny 01/13/07 - 07:46 pm
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Mr. Dallas and the other 2

Mr. Dallas and the other 2 trustee will come up with some kind of fee, debt or whatever they want to call it and pull down some of the funds. Rather its for a legit reason or not. Maybe they will pay for their own kids education, the money is for education. You mean to tell me that JB trusted them over his own family, I SMELL A RAT

KATHRYNTHIGPEN
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KATHRYNTHIGPEN 01/13/07 - 11:19 pm
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Well I guess there is a rat

Well I guess there is a rat at my house too. I too have an attorney, a friend, as well as my husband to be trustees over a trust I am leaving for my Grandchildren. It isn't because of lack of trust in my family, it is to safeguard their future at whatever cost necessary. This way I can be almost 100% sure that my wishes will be carried out as I have stated in the Trust. I guess nothing is 100% positive, not even our next breath, so we do what ever we think best at the time. I am sure he felt he could trust these men to handle the affairs as he wanted them handled. As it has been made public, many of the decisions have be deferred to the family already and I am sure they will continue to be. I also heard quoted that Mr. Brown raised all his children to be independent and take care of themselves. If this is true then I feel this is the greatest gift a father could give a child next to love. It has also been proven many many times that a pot of money sitting in front of a bunch of children of a dead parent can change their grief into blood yielding vampires.I am not saying that is what has or will happen with Mr. Brown's kids but the way he chose to do it will eliminate that chance.

jrock1956
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jrock1956 01/13/07 - 11:53 pm
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We don't know if Mr. Brown

We don't know if Mr. Brown intended to leave his"wife" and child out of his will. It's possible that it was never updated. Let the law decide if it's valid or not. And further more. If she is his wife and she gets a third of his estate. She will only get what was stated in his will...mostly personal possesions! The bulk of his estate is tied up in the Irrevocable Trust Agreement. Which is set in stone and as the title states...is Irrevocable!!!!As far as Mr.Brown not being buried as of yet. Elvis was buried 90 days after he died. What is happening is that his home will be turned into Graceland East. All of his children will profit and we can all go to South Carolina by way of Augusta to see where it all began and ended!

EdithPiaf
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EdithPiaf 01/14/07 - 10:02 am
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Kathryn it is really great

Kathryn it is really great that you have a trust fund for your kids, but this isn't about you at all. How come you didn't hire Cruddy Dallas to oversee YOUR trust fund?

EdithPiaf
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EdithPiaf 01/14/07 - 10:06 am
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shadiadiamond::: you ask "why

shadiadiamond::: you ask "why would they want his money when they are already established"??

You think they don't want his money?? Well why on Earth would they sue him like they did a few eyars ago? They SUED HIM for the royalties of a song he wrote when they were 3 and 6 YEARS OLD!! How obsurd is that??

devaughny
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devaughny 01/14/07 - 12:20 pm
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From my understand of the

From my understand of the trust and will. The kids will splite all the cash assest that is on hand now. As far as any furture cash that is made, Mr Slick Oil Salemen and the rest of the rats will control it. The money suppose to be set aside for a education scholorship. I Read a new piece that hinted on the trust may have been manufactured. The botton line is, Your own famly should have been the one in charge of it all...

diamondeyeseyes4me222
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diamondeyeseyes4me222 01/14/07 - 02:02 pm
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Yankees fan i asked because i

Yankees fan i asked because i could. I know they don't want his money i know both of his kids that sued him very well and like i stated before i don't get my info from the news i get information from the source it was not just because of royalities he got over it so why do it keep being brought up? that's old stuff and i will say it again THEY HAVE THEY OWN MONEY and they are ESTABLISHED. They are not trying to take money from him in any kind of way he left them money .

KATHRYNTHIGPEN
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KATHRYNTHIGPEN 01/14/07 - 06:51 pm
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YANKEEFAN...I did not mean to

YANKEEFAN...I did not mean to insinuate that any of this was about me. I was using my situation as an example to devaughny because he thought only family should be trustees of an estate trust. And to answer your question, I don't know Mr. Dallas personally but I do use Strom Jr.'s firm for my estate needs. and I recommend them highly if you ever need some one in that field around this area. Are there any other questions you'd like for me to answer for you? According to my husband I do know most everything. Peace Brother???

KLD108
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KLD108 01/15/07 - 01:27 pm
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When it's all said and done,

When it's all said and done, I don't care if Elvis wasn't buried until a year later. Yes he only had one daughter and one ex-wife, but this is all a disgrace. Even if they are turning the house into a museum, couldn't they put him in a temporary mauseleum? (I know that's spelled wrong) Tomi Rae crying on every show, Rev. Al Sharpton cutting up, the children? I agree there's only one when we look at all those supposed children that look like him and it's amazing she's shown hugging Tomi Rae and she's very quiet.....and people let's get real.....money is the root of all evil and who couldn't use an extra $100,000 or more for a rainy day? Who knows where the next disaster will strike? I'm sure people in New Orleans would be glad to speak on a money issue. Established, Doctor, etc., it's good to have money, be a part or know your kids would be set for a while. Seeing that Tomi Rae was dogged by Al Sharpton and most of the kids I hope she gets something. Her first marriage wasn't real, but her's and JB was....And yes she should have been in control, but Al Sharpton didn't want to deal with her and it was more than obvious even when he didn't pronounce her name right at the service

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