South Carolina Supreme Court: No Surviving Spouse Status In Dispute Over “Godfather of Soul” James Brown’s Estate

In Brown v. Sojourner (June 2020), the South Carolina Supreme Court addressed the surviving spouse status of the “Godfather of Soul” James Brown’s purported surviving spouse, Tommie Rae Brown, where Tommie had not annulled her prior marriage at the time of her marriage to Brown.

Tommie married Javed Ahmed in February 1997. In December 2001, Tommie participated in a marriage ceremony with James Brown in South Carolina. On the marriage license, Tommie affirmed that the marriage to Brown was her first marriage. However, Tommie and Ahmad had never divorced and were still legally married. 

Two years after her marriage to James Brown, Tommie brought an action to annul her marriage to Ahmed. A month later, James Brown filed an action to annul his marriage to Tommie, arguing that he was entitled to annulment because Tommie had never divorced her first husband.

A hearing was held in Tommie’s annulment action against Ahmed in April 2004.  An order was entered the same day granting the request for annulment.  Ahmed did not appear.

In May 2004 Brown amended his complaint against Tommie, arguing that S.C. Code Ann § 20-1-80 prohibited Tommie from marrying Brown while she was still married to Ahmed. Tommie then counter petitioned for divorce. Both James Brown and Tommie ultimately withdrew and dismissed their actions. 

However, following James Brown’s death, inheritance litigation began. Tommie sought an elective share or omitted spouse’s share of Brown’s estate. 

Circuit court found:

• Tommie was the surviving spouse of Brown;
• Tommie’s first marriage to Ahmed was void ab initio due to Ahmed’s bigamy;
• Tommie had no legal impediment to her marriage with Brown in 2001;
• Tommie and Brown’s marriage was valid;
• Tommie and Brown’s marriage was not annulled, and they had not divorced prior to Brown’s death.

Some of James Brown’s children appealed the order. The court of appeals held that the rule that an annulment order cannot retroactively validate a bigamous marriage – is limited to situations where the first marriage is merely voidable, not void, as voidable marriages are valid until one of the parties elects to end the marriage, but a bigamous marriage is never valid.

See South Carolina Supreme Court: No Surviving Spouse Status In Dispute Over “Godfather of Soul” James Brown’s Estate, Probate Stars, June 22, 2020.