J.B. Collector no.1
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the battle continues...
AIKEN, S.C. - The fight over James Brown's Estate continued in court Wednesday.
NBC Augusta 26 News had the only crew there as another court appointed trustee took the stand to oppose the settlement proposed by Brown's heirs and
wife.
Everyone in court agreed that this case should be settled but the details are what are up for debate.
Court appointed trustee Robert Buchanan took the stand Wednesday and said he is all for a settlement. But he said the one that is proposed now has
several flaws including not giving the charity enough money, an argument made by his fellow trustee, Adele Pope, several weeks ago.
Buchanan said if Judge Jack Early approves the settlement as it is now he will appeal it. That process could take up to two years.
Lawyers for Brown's kids and wife say that time frame is a big problem because the fees keep adding up.
"The issues in this case are such that it should settle just not now and not on these conditions," Buchanan said.
"No one is accusing them of wrongdoing but I think the testimony today shows their fees are in excess of a million dollars and if we get this thing
settled then the legal fees stop," Tomi Rae Brown's lawyer, Robert Rosen, said.
Court continues Thursday as both sides try to figure out how to find a settlement they can all agree on.
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J.B. Collector no.1
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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.
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J.B. Collector no.1
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http://www.nbcaugusta.com/news/local/42558132.html
videoreport
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Steven James
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Federal lawsuit filed over James Brown trust
COLUMBIA, S.C. - A former publicist for James Brown has filed a federal lawsuit claiming the singer's charitable trust said to contain most of his
wealth belongs to her.
The lawsuit was filed in U.S. District Court in Chicago.
Jacque Hollander told The Associated Press Wednesday that she helped create the trust to help needy children.
Hollander's attorney, Donald Rosen, said Brown borrowed money from the trust for his personal use, making it invalid. He says Hollander, the only
surviving partner, should control it.
Former Brown trustee Buddy Dallas backs Hollander's claim, but both have been criticized by attorneys pushing a long awaited settlement over how to
parcel out Brown's wealth.
A South Carolina judge has threatened to hold Dallas in contempt of court for not turning over financial records.
From the Wednesday, April 15, 2009 online edition of The Augusta Chronicle http://chronicle.augusta.com/stories/latest/lat_518309.shtml
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J.B. Collector no.1
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http://www.jacquehollander.com/
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TwistedVision
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What a ridiculous human being that woman is. You have to be a special kinda demented to make a website where you advertise yourself as a professional
rape victim, complete with email address for curious writers.
This woman's claims are baseless anyway. She says in the GQ article that came out last year - if it is the woman I'm thinking of - that the FBI took a
polygraph about the rape and that she passed it.
I have James Brown's FBI file and there is no paperwork pertaining to the rape at all, let alone the specific polygraph.
I find it very difficult to believe that the FBI conducted an investigation into him and then failed to keep any record of it.
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mbjam88
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LORD HAVE MERCY...
If you hear any noise...
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J.B. Collector no.1
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Attorneys representing heirs of James
Brown’s estate are headed to a South Carolina court amid requests
to stop a court-approved settlement agreement.
Lawyers and court officials say Tuesday’s hearing in Bamberg
will likely center on a motion filed by former trustees Adele Pope
and Robert Buchanan to reconsider a settlement approval, signed
last month by a South Carolina judge. The two court-appointed
trustees had said that the settlement left out key parties.
The settlement gives nearly half of Brown’s assets to a
charitable trust, about a quarter to his wife and young son, and
the rest to Brown’s adult children.
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J.B. Collector no.1
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AIKEN -- Another hearing involving the estate of the late soul singer James Brown has been scheduled for next week.
The hearing will take place at 1 p.m. Aug. 27 at the Aiken County Courthouse before Judge Jack Early. A secretary in Judge Early’s office said today
that she couldn’t discuss the purpose of the hearing.
In May, Judge Early approved a settlement on the estate that favored family members, including his last wife and young son, and allowing for the
creation of a museum or other memorial to the soul singer.
Former estate trustees Adele Pope and Robert Buchanan said in prior court testimony that they planned to appeal the settlement’s approval and in June
filed a motion for Judge Early to reconsider his approval of the settlement. Judge Early refused to grant a reconsideration.
The settlement removed Ms. Pope and Mr. Buchanan from their roles. They had argued that the agreement left out some essential parties, but family
members said it upheld Mr. Brown’s legacy.
Mr. Brown, who grew up in Augusta and lived in nearby Beech Island, S.C., died on Christmas Day 2006 in an Atlanta hospital.
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J.B. Collector no.1
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http://www.sunherald.com/412/story/1555101.html
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J.B. Collector no.1
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AIKEN --- Despite a settlement in the case, the court battle in the estate of the late entertainer James Brown will continue in Aiken County at least
into next month.
A court hearing in the case scheduled for Thursday has been postponed until 2:30 p.m. Sept. 9 at the Aiken County Courthouse, an attendant in Circuit
Judge Jack Early's office said Tuesday. The worker said she wasn't sure why the hearing was being rescheduled, and the purpose of the hearing hasn't
been made public.
In May, Judge Early approved a settlement on the estate that favored family members, including Mr. Brown's last wife and young son, and allowed for
the creation of a museum or other memorial to the soul singer.
In June, former estate trustees Adele Pope and Robert Buchanan filed a motion for Judge Early to reconsider his approval of the settlement, but the
judge quickly turned down the request.
Ms. Pope and Mr. Buchanan, who had said in court testimony that they would appeal the settlement's approval, have since done so, filing paperwork for
a challenge last month with the South Carolina Court of Appeals, an official there confirmed Tuesday.
Paperwork also filed at the Aiken County Courthouse doesn't list reasons for the appeal, but it shows that Ms. Pope and Mr. Buchanan oppose the
settlement and Judge Early's appointment of Columbia accountant Russell Bauknight as estate trustee.
Ms. Pope and Mr. Buchanan have argued that the settlement leaves out some essential parties, but family members have said it upholds Mr. Brown's
legacy.
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J.B. Collector no.1
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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.
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J.B. Collector no.1
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Barnwell County, SC—A grand jury in Barnwell County has indicted former James Brown trustee, David Cannon, on charges of stealing money from the late
“Godfather of Soul”.
Cannon has already served six months for being in contempt of court when he refused to comply with a judge’s order to return $433,000 to the James
Brown Estate.
Now, he’ll face charges of breach of trust with fradulent intent.
The grand jury accuses Cannon of taking the money while Brown was still alive, back in 2006.
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