AIKEN --- The James Brown estate returned to the Aiken County courthouse Wednesday to determine whether its management should be allowed to move forward on business matters.

The hearing before Circuit Court Judge Jack Early included references to the late Michael Jackson's estate's making money and how former Brown estate trustees Adele Pope and Robert Buchanan are requesting nearly $5 million in fees.

Ms. Pope and Mr. Buchanan have filed a state court appeal challenging a settlement on the estate earlier this year that removed them from their role while favoring family members. The settlement approved by Judge Early also allowed for the creation of a museum or other memorial to the soul singer.

The appeal created a presumption that the estate's operations are essentially frozen, preventing Russell Bauknight, the trustee who replaced Ms. Pope and Mr. Buchanan, from operating the estate.

Judge Early was asked to rule whether Mr. Bauknight can move forward in estate proceedings. The judge said he would issue his decision Monday.

Lawyers for family members of Mr. Brown and Mr. Bauknight argued in court Wednesday that the estate's business has been harmed in the meantime.

"This estate could be making a lot of money today ... just like the Michael Jackson estate is making a lot of money today," said William W. Wilkins, an attorney for Mr. Bauknight. He said a stay on the estate places "a cloud over Mr. Bauknight's authority to act."

Mr. Wilkins said such things as negotiating a movie deal involving the life of Mr. Brown "are just sitting there ... Opportunities are being lost every day."

Lawyers for Ms. Pope and Mr. Buchanan said they would be OK with Mr. Bauknight being a special administrator of the estate with some restrictions, to include that no payments be made from the estate to settling parties while Ms. Pope and Mr. Buchanan's appeal is pending.

"We are interested in the estate moving forward, but not totally unchecked," said attorney James Bailey.

Family lawyers described other issues including an order that restrains parties from saying where Mr. Brown is buried and Ms. Pope and Mr. Buchanan's request for fees.

Mr. Wilkins told Judge Early that when Mr. Bauknight took over the estate from Ms. Pope and Mr. Buchanan there was $12,000 left in the bank account and that Mr. Bauknight had to take out a $25,000 loan just to pay such things as insurance and utility costs.

Family lawyers said Ms. Pope and Mr. Buchanan have already received $300,000 in payment and seek $4.7 million more in fees.