News 12 at 6 o'clock, February 5, 2009

AIKEN, S.C.--- The tension continues at the Aiken County Courthouse, as the battle over James Brown Estate continues.

This, as News 12 is exclusively learning, a DNA test for James Brown II has a note at the end of the test, saying "the samples were not collected according to ABBA guidelines and the lab can not verify the origin of the DNA sample."

That DNA test showed that James Brown II is 99.999975% accurate, as to show Brown II is James Brown's son.

Judge Jack Early said at the end of the day today, he has a list of things that need to be done before he approves any settlement and one of those things is making James Brown II get a LapCorp DNA test.

This, as the sides for and against the settlement battle as to why they are right. Under the settlement, James Brown's 6 kids would split 25% of his assets, Tommie Rae would get 25% and the trust for poor South Carolina and Georgia kids would get 50%.

The current personal representative, Adele Pope, says the current settlement is terrible. She and fellow trustee Robert Buchanan were not invited to the settlement meeting.

Pope estimates the attorney's are making between $12-14 million in legal fees so far. But, if she says on as trustee, along with Buchanan, both could potentially make around $5-7 million in fees.

Pope estimated the James Brown Estate to be worth between $86-110 million. But, attorney's that are for the settlement say the same person who told Pope that number, told them the estate was only worth $65 million in October of 2007 and half of that when the settlement was reached in Aug of 2008.

The key is, no one really knows just how much James Brown's Estate is worth.

Robert Rosen, attorney for Tommie Rae, tells News 12 he does not understand why Pope said in court the current settlement in "terrible." He says everyone is on board with the settlement, and Pope (and Buchanan) are holding up the whole hearing from being over.

Pope vows she will appeal the settlement if it's approved, as written now. She says, the settlement will not end the litigation, it will only start it.

We're heading back to the courthouse on Friday for another day of testimony. It'll be the third day in a row. Stay with News 12 for the latest on this developing story.