Settlement debate continues

AIKEN --- A proposed settlement in the estate of James Brown will continue to be debated in court today.

Thursday's proceedings concluded the two-day cross-examination of Adele Pope, who was appointed to manage the estate of the performer who died in 2006. She has said she would appeal the proposed settlement as it stands now.

Ms. Pope contends that the settlement leaves out some essential parties and undermines two earlier wills and trusts established by Mr. Brown.

Some of Thursday's cross-examination involved the paternity of James Brown II. Attorneys questioning Ms. Pope mentioned a past DNA test and presented documents such as a birth certificate, asking Ms. Pope what evidence she had that the child wasn't James Brown's son.

Judge Jack Early, who is presiding over the case, said he might make another DNA test at LabCorp a condition of any settlement he approves.

The value of Mr. Brown's estate -- with figures varying from $65 million to $86 million to $100 million -- was also an issue Thursday.

Other testimony focused on whether Tomi Rae Brown was Mr. Brown's legal wife at the time of his death.

"We think it is more likely she is not the spouse," Ms. Pope said. The proposed agreement recognizes Ms. Brown as the singer's wife at the time of his death.

Just before a recess for lunch, Ms. Pope accused an opposing lawyer of having contacted one of her lawyers in another case and saying that things would get "nasty" if she didn't resign her post. Judge Early immediately called for a break to meet with lawyers from both sides in his chambers.

The proposed settlement also states that all children and grandchildren it lists are Mr. Brown's lawful heirs and would not have to undergo DNA testing.

The settlement stipulates that any assets and proceeds received through the estate will be divided -- 50 percent to the charitable trust; 25 percent to Ms. Brown, which includes any share to James Brown II; and 25 percent to Larry Brown, Daryl Brown, Venisha Brown, Deanna Brown Thomas and Yamma N. Brown.

Reach Preston Sparks at (803) 648-1395, ext. 110, or preston.sparks@augustachronicle.com.