Wilson v. Dallas

743 S.E.2d 746 (2013)

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Nature of the Case

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Facts

James Brown ('Brown'), 'The Godfather of Soul,' died in Atlanta, Georgia on December 25, 2006. Brown devised all of his personal and household effects to six adult named children: Deanna J. Brown Thomas, Yamma N. Brown, Vanisha Brown, Daryl J. Brown, Larry Brown, and Terry Brown. Brown left the remainder of his estate to The James Brown 2000 Irrevocable Trust via a pour-over provision in his will. Brown created the Irrevocable Trust to provide financial assistance for the education of his grandchildren and disadvantaged youths. Brown placed his long-time residence at Beech Island, Aiken County, and other assets in the trust as part of its initial funding. Dallas, Bradley, and Cannon were named as the co-personal representatives of Brown's estate and as the co-trustees of the 2000 Irrevocable Trust. Upon Brown's death, the principal and income was to be divided, by its terms, into two 'shares' or subtrusts: (1) The Brown Family Education Trust ('Family Trust'), which was capped in the amount of $2 million for tax purposes and designated for the education of Brown's grandchildren; and (2) The James Brown 'I Feel Good' Trust ('Charitable Trust'), which Brown declared 'shall be used solely for the tuition, educational expenses, and financial assistance of . . . poor and financially needy children, youth, or young adults. The will and trust each contained no-contest clauses. On November 27, 2001, Brown and Tommie Rae Hynie ('Tommie Rae') executed a Prenuptial Agreement. Tommie Rae waived any right to Brown's property or the receipt of alimony and agreed to waive any claim for an interest in his estate in the event of his death, including the rights to a statutory share of Brown's estate or to any interest as an omitted spouse. In 2004, Brown brought annulment proceedings against Tommie Rae after discovering that she had participated in a marriage ceremony in Texas in 1997 with another individual. By settlement and a consent order, Tommie Rae agreed to 'forever waive any claim of a common law marriage to [Brown], both now and in the future.' Brown died. Ps, five of the six adult children Brown named in his will as well as Tommie Rae, all Respondents herein, brought actions to set aside Brown's will and the 2000 Irrevocable Trust based on undue influence; the estate should, instead, pass by the laws of intestate succession. Tommie Rae claimed an elective share or an omitted spouse's share of Brown's estate and that her son, James B. (via a guardian ad litem), was entitled to a share of the estate as an omitted child. The circuit court appointed Ds as the personal representatives for Brown's estate and as trustees of the 2000 Irrevocable Trust, with full authority as if they had been appointed in the original placement order. The Attorney General ('AG'), intervened in the case on the ground the claims involved a charitable trust. The parties entered into a compromise agreement. Ds contend they did not participate in the discussions or the agreement as they received no notice of them. The agreement was submitted to the circuit court for its approval. The circuit court approved the compromise agreement. The parties would jointly seek the removal of Ds as the personal representatives and trustees. All parties agreed that any contests were brought in good faith and with probable cause. Tommie Rae was recognized as the surviving spouse of Brown, and all children and grandchildren who were parties to the agreement were acknowledged to be Brown's legitimate issue and heirs without the need for DNA testing to verify their status. They agreed to create a new trust called the James Brown Legacy Trust with the trustees to be selected solely by the AG. The court approved the agreement and appointed Bauknight as trustee and removed Ds. Ds appealed.