Estate of Denial:  “Pepsico has no claim to “original, historically significant documents” about the invention of its signature soft drink, two brothers claim in Federal Court, claiming their father deserves the credit.

“By this action, the heirs seek to eliminate any doubt that original, historically significant documents belonging to their deceased father, Richard John Ritchie (‘Ritchie’), who is historically acknowledged as the person who developed the original, commercially successful formula for Pepsi-Cola on or about 1931 (the ‘Ritchie Invention’), are their personal property, as his lawful heirs, which they may freely share with historians, collectors, journalists, and television and film producers, and ultimately, members of the interested public, to tell their father’s extraordinary life story without interference or the threat of litigation from Mr. Ritchie’s former employer, Pepsi,” the complaint begins.”

Estate of Denial:  “Proceeds from the sequel to Mario Puzo’s novel “The Godfather” published this week will be put in escrow while Paramount Pictures and the late novelist’s estate pursue litigation over the publishing rights.

“An interim agreement allows publication of the novel to go forward, pending resolution of this matter,” Richard Kendall, a lawyer for Los Angeles-based Paramount, said at a hearing today in Manhattan federal court.

Paramount, a unit of New York-based Viacom Inc., sued Anthony Puzo, Mario’s son and the executor of his estate, in February to prevent the publication of a third sequel to “The Godfather,” claiming that it wasn’t authorized.”

AZCentral:  The battle over Rosa Parks' estate has gone on for years.  Now, an attorney, Stephen G. Cohen, is accusing two attorneys and a judge of conspiring to drain the estate's cash.  The lawyers and the judge were involved in a long running civil rights dispute related to the estate.  Cohen alleges that the judge and attorneys racked up over $507,000 in unnecessary legal fees, leaving the estate $88,000 in debt.

When Rosa Parks died in 2005, she left most of her estate to the Rosa and Raymond Parks Institute which Cohen represents.  Parks' relatives challenged her will after her death.

Estate of Denial:  “On Friday night former James Brown trustee, Adele Pope of Newberry, was served with a subpoena related to the diaries of Brown’s former companion, Tommie Rae Hynie.

Pope is being asked to turn over all written communications related to the Hynie diaries, including any communications with this reporter, any “blogger, website or media outlet.”

The Observer has requested a copy of the diaries from Attorney General (AG) Alan Wilson under the Freedom of Information Act (FOIA), but the request was refused in March.

In a telephone interview in November, 2011, a longtime friend of music icon James Brown characterized the Hynie diaries as ‘explosive.'”

Estate of Denial:  “EMI Music could lose its grip on one of the most famous pieces of film music ever created — “The Pink Panther Theme,” written by the late Henry Mancini for the 1963 film.

Late last month, Mancini’s publishing company, Northridge Music Inc., controlled by the composer’s heirs, filed a claim at the American Arbitration Association that seeks more than $1.35 million in unpaid “net profits” on music for The Pink Panther film. The heirs are also seeking punitive damages and want EMI’s administration rights terminated due to alleged malfeasance and breach of fiduciary duty.”

Probate Lawyer Blog:  “The New York Times recently featured a fascinating article called The Battle for a Comic-Book Empire That Archie Built. It detailed the ongoing legal battle over the two dueling CEO’s of Archie Comic Publications.

On one side is Jonathan Goldwater, the son of John L. Goldwater who was one of three founders of the company and the visionary behind the Archie character, created in 1941. Goldwater became a co-CEO and controller of one-half interest in the company after his half-brother, Richard Goldwater, died in 2007.

Nancy Silberkleit is the widow of the son of another founder, Louis Silberkleit. She was a schoolteacher who became co-CEO when her husband, Michael Silberkleit, died in 2008. By that time, a long-time employee and editor-in-chief, Victor Gorelick, was running the company as a temporary, stop-gap measure.

Goldwater and Silberkleit tried to work together to manage the company, agreeing in 2009 to run Archie Comics by sharing CEO duties. Silberkleit was to oversee scholastic and theatrical ventures, placing Goldwater in charge of everything else. They were supposed to consult with each other on major decisions.”

Estate of Denial:  “The Ray Charles Foundation seeks as much as $3.5 million from seven of the late singer’s 12 children, whom the foundation claims, in Federal Court, were unhappy with their inheritance and wrongly terminated the transfer of copyrights to dozens of Charles’ songs to the foundation.

Ray Charles’s legacy and estate has been the subject of acrimony and litigation almost since the moment the singer died of liver disease in Beverly Hills, in June 2004. The string of lawsuits that followed revolved around the rights to – and proceeds generated by – recordings, photos and film images of the star.

According to the latest lawsuit, from lead plaintiff Raenee Robinson, Ray Charles gathered most of his 12 children — including five of the seven defendants (two were then incarcerated) – in Los Angeles in December 2002 to tell them what he intended to provide for them upon his death.”

Estate of Denial:  “A small Illinois museum is being threatened with a lawsuit after it was revealed to be the home of Lee Harvey Oswald’s tombstone, the sniper who assassinated President John F. Kennedy in 1963.

It has cropped up at Wayne Lensing’s Historic Auto Attractions museum in Roscoe among other historical artifacts including Elvis Presley’s 1972 Lincoln, the Mayberry squad car from The Andy Griffith Show and three Batmobiles.

To the unwitting visitor the tombstone fits right into the quirky museum, around the corner from Richard Petty’s 1960 stock car and a few steps from a Cadillac covered in 120,000 coins.

But the story of the 130-pound granite slab is shrouded in mystery.”

ABA Journal: The Freedom of Information Act (FOIA) requires every public official to release public documents within 15 business days of an FOIA request. The government official is required by law to comply, whether the request is made by the press or by the public. The office of the Attorney General (AG) has the responsibility of enforcing the law.

Ironically, it is that very office which has fought for eight months to dodge and delay every FOIA request submitted by Newberry resident and former James Brown trustee Adele Pope.

Among the FOIA requests Pope filed last summer with the AG’s office:

1) Pope asked for a copy of the Legacy Trust. This is the trust created by former AG Henry McMaster when he took over Brown’s $100 million music empire in the 2009 settlement deal with six of Brown’s alleged children and his companion, Tomi Rae Hynie.

2) Pope requested documents related to why the Legacy Trust trustee, who was appointed by McMaster and serves at Wilson’s pleasure, valued the music empire of legend James Brown at less than $4.7 million upon his death on Dec. 25, 2006. (For several years, Brown had earned royalties of $4-5 million a year.)

Continue reading SC AG refuses Freedom of Information Act requests for James Brown documents.

Estate of Denial:  The secret legal agreement designed to settle the brawl over the estate of civil rights leader Rosa Parks is a secret no more.

The confidential seven-page document — signed by Parks’ 15 nieces and nephews, Parks’ longtime friend and caregiver Elaine Steele and an official of the institute Parks and Steele founded — turned up in a Jan. 18 filing with the Michigan Supreme Court.

The agreement — struck during a late-night bargaining session in February 2007 in order to avert a trial in Wayne County Probate Court — spells out how the parties are to divvy up the proceeds from the sale of Parks’ belongings, said to be worth up to $8 million because of their historic value.

Under the agreement, Steele and the Rosa and Raymond Parks Institute for Self Development will get 80% of the net proceeds from the sale of Parks’ possessions, as well as the royalties from licensing her name, image and likeness. The nieces and nephews are to get 20%.

Continue reading more details on the deal to settle Rosa Parks' estate.