Case now in hands of judge

AIKEN --- A proposed settlement in the lengthy court case of the estate of late entertainer James Brown is in the hands of the judge after closing arguments Monday.

Lawyers involved in the case said a ruling from Aiken Circuit Judge Jack Early could take two weeks or longer. If the settlement is upheld, estate trustees Adele Pope and Robert Buchanan have said they would appeal it and that process could take two more years.

Monday's proceedings touched on a variety of topics, including the status of Mr. Brown's estate, which James Bailey, an attorney for the trustees, said was on the verge of bankruptcy.

"We have very, very severe financial problems within the estate we believe need to be addressed," he said.

A motion by Mr. Bailey regarding the sale of Mr. Brown's Beech Island home and property drew an immediate objection from family members' attorneys, who said it could undermine their clients' proposed settlement.

"This is getting the cart before the horse," said David Bell, the attorney for family member Terry Brown.

Lawyers for the estate trustees, however, told Judge Early that they are simply trying to abide by a February 2008 order to sell the estate's personal and real property.

Family members have said they hope to use the house for a museum or facility that would honor the memory of Mr. Brown.

Monday's hearings also revealed that the trustees had offered a compromise Friday to the settling parties. It proposed reducing the percentage of money for family members in order to provide more to a charitable trust. It would also keep the current trustees in their role.

Mr. Bailey, the attorney for the trustees, said his clients have never opposed having a settlement, just not under the current proposed terms.

The trustees have, in part, argued that the settlement proposed by family members leaves out some parties.

Lawyers for the families, however, have asked that Ms. Pope and Mr. Buchanan be removed, and on Monday they argued to Judge Early that the family members' settlement upholds Mr. Brown's legacy.

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