Wilson v. Dallas

Appellants were initially appointed by the circuit court in March 2007 as Special Administrators with limited duties to oversee the handling of entertainer James Brown's estate after petitions were filed by some of Brown's family members seeking the removal of Respondents Albert Dallas, Alfred Bradley, and David Cannon as personal representatives. The court made the selection after the parties could not agree on who should be appointed. Ultimately, the three original fiduciaries either resigned or were removed from their positions as personal representatives and trustees. Appellants Robert Buchanan, Jr. and Adele Pope, formerly personal representatives for The Estate of James Brown and trustees of The James Brown 2000 Irrevocable Trust, appealed circuit court orders that: (1) approved a settlement agreement pursuant to S.C. Code Ann. 62-3-1102 (2009) of pending litigation concerning the estate; and (2) removed Appellants from their fiduciary positions and appointed Russell Bauknight as personal representative and trustee. Upon review of the matter, the Supreme Court affirmed the circuit court's removal of Appellants from their fiduciary positions, and, in light of the Court's decision invalidating the circuit court's approval of the compromise agreement, it likewise voided the appointment of Bauknight. The Court directed the circuit court, upon proper application, to appoint fiduciaries to oversee matters in accordance with the provisions of Brown's estate and trust documents, and to evaluate the propriety of all fees related to this case. View "Wilson v. Dallas" on Justia Law