February 11, 2009 5:29 PM

Brown's Will Preceded Wedding, Son's Birth

(AP)  James Brown's will, which was read last week, excludes his partner, Tomi Rae Hynie, and their 5-year-old son.

It was drawn up 10 months before the child's birth and more than a year before their marriage, a newspaper reported Tuesday.

The will was signed Aug. 1, 2000, Strom Thurmond Jr., Brown's probate attorney in Aiken, S.C., told The Augusta Chronicle.

Brown, who died last month in Atlanta at age 73, married Hynie in December 2001. James Brown Jr. had been born six months earlier, on June 11.

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The exclusion has added to a dispute about the soul singer's legacy.

Brown's attorneys contend that Hynie is not Brown's widow because she was still married to another man when they said their vows. They have said Hynie later annulled her previous marriage, but she and Brown never remarried.

Hynie says she was legally married to Brown.

The will calls for Brown's personal effects to be divided equally among the singer's six adult children.

North Augusta, S.C., lawyer James Huff said that if a will specifically names some children but excludes others, the excluded children have no claim to the parent's assets, regardless of when they were born.

Huff represented Brown when he sought to annul his marriage to Hynie in 2004, a petition the singer later dismissed.

© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.
Add a Comment
by iluvnews81 January 16, 2007 6:05 PM EST
Can't have a prenup if you weren't really married. She was still married to someone else when she wed James. I think their son should at least be taken care of....poor little guy.
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by mahdeealoo January 16, 2007 4:37 PM EST
Pre-nup anyone?
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by ladyephesus1 January 16, 2007 4:23 PM EST
Thats not nice..haha!!
Reply to this comment
by olebd January 16, 2007 2:38 PM EST
HYNIE GOT THE SHAFT.....HYNIE GOT THE SHAFT, Y'ALL. HEY! UUUUHHH, GIT DOWN NAH!!

James just wanted a little piece of Hynie.....at the time, she looked all nice and shiny. Then she got all freaky, her gravy boat got leaky. Around his stuff, James found her to be quite sneaky!
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