On April 29, 2014 Judge Doyet “Jack” Early filed an
Order declaring Michael Deon Brown, incarcerated in California, the son of
entertainer James Brown. It was old news.
Still, Judge Early’s order may turn out to be the
first step since the S.C. Supreme Court’s May 2013 Wilson
v. Dallas decision in the process of undoing the injustice to Brown’s “I
Feel Good” Foundation for needy students, as well as to at least HALF of James
Brown’s real children. The rights of
both were ignored by former Attorney General AG McMaster in 2008 when McMaster took
over Brown’s private property and reached a settlement which dismembered the “I
Feel Good” Foundation.
The McMaster Settlement was voided in the Wilson v. Dallas decision.
In addition to taking control of the “I
Feel Good” Trust and giving half of it away, McMaster claimed the right, by
“stipulation,” to say who would be Brown’s heirs. McMaster selected: non-wife Tommie Rae Hynie;
her minor son; and a few of Brown’s dozen claimed children.
McMaster ignored Michael -- even though Michael had
been supported by Brown under California court orders during his childhood. He
ignored that Michael had been writing Judge Early and the probate judge from
prison since 2007 seeking DNA testing,
AG McMaster also ignored daughters LaRhonda,
Jeanette and Nicole. In 2007 the three had been acknowledged by Brown’s estate
after passing the estate’s official “Peeples DNA Protocol.” And McMaster
ignored daughter Lisa, acknowledged in Brown’s first divorce decree.
But Hynie was not Brown’s spouse. And her son, who refused DNA testing, was the
only claimed child born in the 22 years between Brown’s vasectomy and his
death.
[Brown’s lawyer Buddy Dallas asserts proceedings over
Michael’s support prompted Brown to get
the vasectomy. Judge Early’s order confirms that Brown and Michael’s mother
were in court in December ’83 and again in ’84.]
The five children who jumped into the 2008 McMaster
settlement to get a fourth of the “I Feel Good” Trust have since confirmed they knew Hynie was not
Brown’s wife. So has a sixth child,
Terry. [Terry extracted nearly 5% of the “I Feel Good” Trust and a right to buy
Brown’s music empire before he would “stipulate” that Hynie was Brown’s wife.]
From 2008 until 2013 McMaster’s trustee was Hynie’s
principal spokesman. He told the told the South Carolina Supreme Court Hynie’s spousal claims were a “slam
dunk.” He told the Supreme Court Hynie
and her son controlled the Federal Copyright Act termination rights to Brown’s more than 800 songs. He said that if the McMaster Settlement were
not upheld Hynie would exercise those rights.
He said if she did there would be nothing left in the “I Feel Good” Trust
by 2023.
The claims were not true.
With a little dose of dignity and fair contracts
with the HALF of Brown’s real heirs
McMaster chose to ignore – the ones who were not trying to set aside Brown’s
Will and Trust – the copyrights Brown gave the “I Feel Good” Trust and their
$3+ million annual royalty stream would be secure for needy students for decades.
But AG McMaster ignored or forgot the basic rules
for any Private Foundation or other charity holding copyrights:
1.
DO NOT create
a spouse if you do not have one. [James Brown didn’t].
2.
If there is a spouse, see if (s)he has waived
termination rights [Hynie did, before
her void 2001 ceremony with
Brown]
3.
Properly identify all children, using official DNA for
non-presumed children if possible.
4.
“Split Heirs” -- make termination rights agreements
with only HALF (or half +1)
of the children, and ONLY with those not
challenging the validity of the Foundation.
5.
Be fair, but deal at arm’s length with heirs. Many
strategies exist to prevent loss.
Whether those rules will be followed -- helping
both Michael and the “I Feel Good” Trust -- remains to be seen.
Next Post: # 12 THE REAL HEIRS,
THE COPYRIGHTS AND HYNIE (Continued)
