Exhibit List For Memo of Law Re Legal Basis For Claims of BN and VN

10-PR-16-46
Filed in First Judicial District Court

9/30/2016 4:29:25 PM
Carver County, MN
Index of Exhibits
Statements of Brianna Nelson and Jeannine Halloran
Declaration of Susan N. Gary, Professor of Law at University of Oregon
Affidavit of Deanna Besbekos LaPage
Amended Complaint and decision of Nelson v. PRN Productions, Inc.,

873 F.2d 1141 (8th Cir. 1989) - copyright infringement lawsuit brought
by Lorna Nelson against Prince Rogers Nelson, John L. Nelson, Duane
Nelson, and PRN Productions.
John Nelson will file from Prince Rogers Nelsons files containing 1986
executed will, 1989 draft will, and related notes and correspondence
Information about 1994 recording by John L. Nelson at

https://www.discogs.com/John-L-Fathers-Song/release/5931519
2011 Obituary of Duane Nelson
Article about Prince Rogers Nelson from his high school newspaper
Estate of Palmer, 658 N.W.2d 197 (Minn. 2003)
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EXHIBIT
EXHIBIT 1
Filed in
in First Judicial District Court
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Carver County,
County, MN
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STATEMENT OE BRIANNA NELON
In compliance with the Courts September 1, 2016 Court Order, I, Brianna Nelson, state
the following in support of my claim of heirship to the Estate of Prince Rogers Nelson:
1.
I have led a claim that I am the niece and heir of Prince Rogers Nelson (Decadent).
2.
My claims are not based on a genetic relationship to Decedent or to John L. Nelson.
3.
I will not be offering any evidence by way of testimony, exhibits, or expert testimony that I
am genetically related to the Decedem or John L. Nelson in support of my heixship
claims.
Dated:
t
'
10-PR-1646
10-PR-16-46
Filed in
In First Judicial District Court
9/30/2016 4:29:25 PM
Carver County,
County, MN
STATEMENT OF JEANNINE HALLORAN,

AS MOTHER AND GUARDIAN OF V.N., A MINOR
In compliance with the Courts September 1, 2016 Court Order, I, Jeannine Halloran,
state the following in Support of V.N.s claim of heirship to the Estate of Prince Rogers Nelson:
1.
V.N. has led a claim that
she is the grandniece and heir
of Prince Rogers Nelson
(Decadent).
2 V.N.s claims are not based on a genetic relationship to Decadent or to John L. Nelson.
3.
V.N. will not be offering any evidence by way of testimony, exhibits, or expert testimony
that she is genetically related to the Decadent or John L. Nelson in support of her heirship
claims.
\
J
[me Halloran
(/59
2/3
Dated:
24
a]
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EXHIBIT
EXHIBIT 2
Filed in
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Carver County,
County, MN
10-PR-16-46
STATE OF MINNESOTA
COUNTY OF CARVER
In the Matter of:

9/30/2016 4:29:25 PM
Carver County, MN
DISTRICT COURT
FIRST JUDICIAL DISTRICT
PROBATE DIVISION
Case Type: Special Administration
Court File No. 10-PR-16-46
Estate of Prince Rogers Nelson,

Decedent,
DECLARATION OF SUSAN N. GARY
I, Susan N. Gary, declare as follows:

1. I have been engaged by Brianna Nelson and V.N. to provide expert
testimony on Minnesota law governing the determination of intestate heirs and
whether Duane Nelson is the son of John L. Nelson under Minnesota intestacy law.
2. I am the Orlando J. and Marian H. Hollis Professor of Law at the University
of Oregon in Eugene, Oregon, where I have taught Trusts and Estates and Estate
Planning for over 23 years. My scholarship includes work on the definition of family
for inheritance purposes, with a focus on the parent-child relationship, and I have
co-authored a casebook on trusts and estates. I served as a Special Advisor to the
Joint Editorial Board for Uniform Trust and Estate Acts when it revised the Uniform
Probate Codes definitions related to the parent-child relationship. I have served as
Reporter for two Uniform Acts developed by the Uniform Law Commission, and I
currently serve as the Reporter for the Oregon Law Commissions Probate
Modernization Work Group, a project that is reviewing and revising Oregons
probate code. I received my B.A. from Yale University and my J.D. from Columbia
University. Prior to entering academia I practiced with Mayer, Brown & Platt in
Chicago, and with DeBandt, van Hecke & Lagae in Brussels. I am an Academic
Fellow and Regent of the American College of Trust and Estate Counsel. I hold or
have held leadership positions in the Trust and Estate, Aging and the Law, and
Nonprofit and Philanthropy Law Sections of the Association of American Law
Schools, the Real Property, Trust and Estate Section of the American Bar Association,
the Oregon State Bar, and the NYU National Center on Philanthropy and the Law. I
am a Trustee of the University of Oregon Board of Trustees.
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STATE OF MINNESOTA
COUNTY OF CARVER
In the Matter of:

9/30/2016 4:29:25 PM
Carver County, MN
DISTRICT COURT
PROBATE DIVISION
Case Type: Special Administration

Decedent,
DECLARATION OF SUSAN N. GARY
I, Susan N. Gary, declare as follows:

1. I have been engaged by Brianna Nelson and V.N. to provide expert
testimony on Minnesota law governing the determination of intestate heirs and
whether Duane Nelson is the son of John L. Nelson under Minnesota intestacy law.
2. I am the Orlando J. and Marian H. Hollis Professor of Law at the University
of Oregon in Eugene, Oregon, where I have taught Trusts and Estates and Estate
Planning for over 23 years. My scholarship includes work on the definition of family
for inheritance purposes, with a focus on the parent-child relationship, and I have
co-authored a casebook on trusts and estates. I served as a Special Advisor to the
Joint Editorial Board for Uniform Trust and Estate Acts when it revised the Uniform
Probate Codes definitions related to the parent-child relationship. I have served as
Reporter for two Uniform Acts developed by the Uniform Law Commission, and I
currently serve as the Reporter for the Oregon Law Commissions Probate
Modernization Work Group, a project that is reviewing and revising Oregons
probate code. I received my B.A. from Yale University and my J.D. from Columbia
University. Prior to entering academia I practiced with Mayer, Brown & Platt in
Chicago, and with DeBandt, van Hecke & Lagae in Brussels. I am an Academic
Fellow and Regent of the American College of Trust and Estate Counsel. I hold or
have held leadership positions in the Trust and Estate, Aging and the Law, and
Nonprofit and Philanthropy Law Sections of the Association of American Law
Schools, the Real Property, Trust and Estate Section of the American Bar Association,
the Oregon State Bar, and the NYU National Center on Philanthropy and the Law. I
am a Trustee of the University of Oregon Board of Trustees.
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established under this part, the parent is a parent of the child and the child
is a child of the parent for the purpose of intestate succession.
Minn. Stat. 524.2-116 (emphasis added). This provision anticipates that a parentchild relationship could exist and be established outside the rules that follow this
statement or be established by the rules in the statutory sections in this part of the
Probate Code. If the intention had been to limit the definition of parent-child
relationship to those relationships established under the rules set forth in the
statutes, the words exists or would not have been necessary.
The Minnesota Probate Code then provides rules for three categories of
parent-child relationship: a genetic relationship, Minn. Stat. 524.2-117, an
adoptive relationship, Minn. Stat. 524.2-118 and 524.2-119, and the relationship
considered a parent-child relationship for a child conceived by assisted
reproduction. Minn. Stat. 524.2-120. The statutes do not say that only a child who
fits within one of these categories can be considered a child of a particular parent
for purposes of intestacy.
In addition to Minn. Stat. 542.1-103, 524.2-116, described above, two
additional statutes make clear that the statutory categories do not limit the
definition of parent and child. Minn. Stat. 524.2-122 says that the statutes do not
affect the doctrine of equitable adoption. Although that doctrine is not directly
applicable to the facts of the Prince Rogers Nelson estate, this section reflects the
view of the legislature that the new statutes do not affect existing common law.
Further, the definition of child in Minn. Stat. 524.1-201 says that the word includes
a child entitled to take under law and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. Those categories of
children are excluded; other categories are not.
B.
The Parentage Act Does Not Apply to Determinations for Intestacy Purposes
The Minnesota Probate Code does not provide a complete definition of

parent-child relationship for these purposes, so it is necessary to consider other
Minnesota law related to intestacy and inheritance. The Parentage Act is not
applicable to determinations of parentage for intestacy purposes and should not be
used in the intestacy context.
As a policy matter, the Uniform Law Commission intentionally chose not to
incorporate the Uniform Parentage Act definition of the parent-child relationship
into the intestacy statutes. The rationale of the Uniform Law Commission was that
the purposes of the Probate Code (intestacy and inheritance) and the Parentage Act
(custody and child support) are different, and that different definitions were
appropriate. The Uniform Probate Code differs from the Uniform Parentage Act in
several significant ways, and the drafting committee did not intend that the Uniform
Parentage Act be used to fill the gaps in the probate definition of the parent-child
relationship.
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When the Uniform Law Commission decided to revise the Uniform Probate
Code to address issues created by assisted reproductive technology, I was asked to
be a Special Reporter to the Joint Editorial Board for Uniform Trust and Estate Acts
(the JEB-UTEA). Initially, the JEB-UTEA discussed revisions with respect to the
definition of parent and child, and later a separate drafting committee was created
for other amendments to the Uniform Probate Code. The drafting committee
incorporated into the 2008 Amendments the definition of the parent-child
relationship that had been developed by the JEB-UTEA. I was involved during the
discussions of the JEB-UTEA, from 2003-2005, before the appointment of the
drafting committee.
The JEB-UTEA concluded that the intestacy statutes needed a separate
definition, and intentionally chose not to refer to the Uniform Parentage Act. Thus,
when Minnesota adopted the Uniform Law Commissions revisions, it was adopting
definitions that were intentionally separate from and different from the Uniform
Parentage Act.
Two policy considerations underlay the JEB-UTEAs approach to revising the
definition of the parent-child relationship. First, the JEB-UTEA determined that
because intestacy presents different issues from family law, the intestacy rules
should be different from the Uniform Parentage Act and other family law statutes.
Second, the JEB-UTEA wanted to protect children and intentionally chose to be overinclusive in some respects, to include as many children as possible within the
definition of parent and child. As an example, if a childs genetic parents, P1 and P2,
divorce and P1 marries P3 who then adopts the child, should the child be able to
inherit from and through P1, P2 or P3? Under adoption rules related to custody and
child support, P2 would have given up parental rights in order for P3 to adopt, and
P2 would have no rights or responsibilities with respect to the child. See Minn. Stat.
259.59. But under the Uniform Probate Code, the child can inherit from and
through all three parents. See Minn. Stat. 524.2-119.
Another difference from the Uniform Parentage Act also increases the
likelihood that a parent-child relationship will be established. In Minn. Stat. 524.2120(7)(c), a child conceived after a persons death, using gametic material from the
deceased person, will be considered the child of the deceased person in the absence
of clear and convincing evidence that the deceased person did not consent to be a
parent, so long as the person was married to the childs birth mother and no divorce
proceeding was pending when the person died. In contrast, under the Uniform
Parentage Act, consent must be established in writing, before the deceased persons
death, and the consent must contemplate assisted reproduction occurring after that
persons death. See Unif. Parentage Act 707 (2002).
These differences demonstrate that the different purposes between the
intestacy rules and the Uniform Parentage Act led to different legal rules for a
determination of the parent-child relationship. The court in Palmer, the Minnesota
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case that provides additional information about the definition of the parent-child
relationship for intestacy agreed:
The distinct purposes of probate and family law justify the legislature's
decision not to make the Parentage Act the sole means of establishing
paternity for the purposes of probate.
In re Estate of Palmer, 658 N.W.2d 197, 200 (2003).
C.
What Is the Role of a Determination of a Genetic Relationship?
A genetic relationship can be used to establish a parent-child relationship

under the Minnesota Probate Code. Minn. Stat. 524.2-117. It is one way of
establishing a parent-child relationship, and it is not the only way.
The 2008 Amendments to the Uniform Probate Code replaced the word
natural with the word genetic, because using the term natural to refer to a
parent biologically related to a child seemed to create a contrast with adopted
children, who, the drafters thought, should not be considered unnatural. The
switch from natural to genetic was not intended to imply anything else. The
term genetic is used in the statute in explaining one category of parent-child
relationship, but the statutes do not limit the parent-child relationship to a
relationship based on a genetic tie.
The Minnesota Probate Code defines genetic father by reference to the
Parentage Act, the only reference to the Parentage Act remaining in the Probate
Code. The term is used only to define genetic parent, and that term is used to
provide that a child will be considered to have a parent-child relationship with the
childs genetic parents, unless someone else adopts the child. Minn. Stat. 524.2117. This provision is only one of several ways a parent-child relationship can be
established, as the succeeding statutory sections make clear.
Minnesota Probate Code 524.2-118 and 524.2-119 use the term genetic in
explaining when an adopted child will continue to be a child of the genetic parent for
intestacy purposes. Under the statutes a child might be a child of two genetic
parents and one adoptive parent.
The statutes on children conceived using assisted reproductive technology
also contemplate that a child might not be the child of a genetic parent. A parentchild relationship does not exist between a child and a third-party donor, defined as
someone who produces eggs or sperm used in assisted reproduction and who is not
deemed a parent under other provisions in the statute. Minn. Stat. 524.2-120(1),
524.1-201(54).
Although confirmation of a genetic relationship may be used, in some
circumstances, to establish a parent-child relationship, a genetic relationship may
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not be determinative for intestacy purposes. If a parent-child relationship is

established while the parent and child are alive, a post-death determination that the
two are not genetically related will not affect the parent-child relationship for
intestacy purposes. Thus, if a parent-child relationship is established for intestacy
purposes under Minnesota law, the fact that a genetic relationship exists with
someone else becomes irrelevant. In Minnesota law a parent-child relationship can
be established through adoption, through assisted reproductive technology, or
through clear and convincing evidence of the parent-child relationship.
D.
Determination of Parentage Based on Clear and Convincing Evidence
Minnesota law on the determination of the parent-child relationship begins

with the Minnesota Probate Code, but as already discussed, those statutes do not
provide a complete or exclusive definition. The Minnesota Supreme Court has held
that a determination of a parent-child relationship for intestacy purposes can be
made using clear and convincing evidence. In re Estate of Palmer, 658 N.W.2d 197
(2003).
In Palmer the court was asked to determine whether the Parentage Act
provided the exclusive means of determining parentage for purposes of intestate
succession. The court concluded that it did not, and held that the parent-child
relationship could be established by clear and convincing evidence. Nothing in the
revisions to the Minnesota Probate Code changes this determination. Indeed, the
case refers to the prior version of the Minnesota intestacy statutes, which said that
the parent-child relationship may be determined by reference to the Parentage Act.
That reference was dropped when the statutes were amended, so there is even less
reason to consider the provisions of Parentage Act.
In Palmer, the person determined to be a parent did not live with the child
and instead the child established the parent-child relationship with evidence of how
the two functioned as parent and child, spending time together and engaging in
activities together. The person determined to be a parent was listed on the childs
birth certificate as the childs father (although not initially; the birth certificate was
revised with this information), and the court noted that the father referred to the
child as his son and the boy called the man dad. Given the evidence, the court had
no trouble finding that a parent-child relationship existed and that the younger man
was the older mans son for purposes of the intestacy statutes.
A concern sometimes raised in connection with permitting the determination
of the parent-child relationship beyond rules related to genetic relationship or
adoption is that such a rule would be interpreted too broadly and would permit a
caregiver or extended family member to assert that the person had the relationship
of a parent. In Palmer, the three courts that heard the case had no difficulty in
determining that the facts demonstrated clear and convincing evidence of a parentchild relationship. No genetic proof was required. Rather, the court considered how
the father and son interacted, and the fact that they referred to each other as son
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and dad seems to be an important piece of the evidence. The relationship was not
one of a caregiver or friend; it was a parent-child relationship. The clear and
convincing evidence standard provides sufficient protection against a flood of
opportunistic arguments.
I have elsewhere argued that intestacy statutes should be revised to permit a
determination of the parent-child relationship by clear and convincing evidence.
See Susan N. Gary, The Probate Definition of Family: A Proposal for Guided Discretion
in Intestacy, 45 Mich. J. of L. Reform 787 (2012). Minnesota already has that legal
rule, clearly stated in Palmer, and not affected or changed by subsequent
amendments to the intestacy statutes. Minnesota is at the forefront of legal thought
in this respect, and should be commended for establishing and using a sensible rule.
II. Was Duane Nelson Sr. the child of John L. Nelson for purposes of the Minnesota
intestacy statutes?
Under Palmer, parentage for purposes of the Minnesota intestacy statutes may be
established by clear and convincing evidence. Based on my review of the
documents filed in the Estate of Prince Rogers Nelson, and information provided by
Celiza Braganca, I conclude that a parent-child relationship existed between John
Nelson (John) and Duane Nelson (Duane).
When Duane was born, John was listed as the father on Duanes birth certificate.
There is some evidence that another man, Joseph Griswold, was Duanes genetic
father, but he appears to have had no contact with Duane after Duanes birth. John
held Duane out as his son, beginning at least by the time Duanes mother, Vivian
Nelson, died when Duane was an adolescent. John treated Duane as his son
throughout the rest of Johns life, and when John met with a lawyer to have the
lawyer prepare a will for him, the lawyers notes reflect that John listed Duane as his
son. John referred to Duane as his son, and Duane referred to John as his father.
After Duanes mother died, Duane lived with his sister, Norrine, and participated in
family gatherings that included various family members in the Minnesota area,
including John. In middle school and high school he spent a lot of time with the
decedent (Prince), who was nearly the same age, and they referred to each other
as brother. The fact that Prince treated Duane as his brother and referred to Duane
as his brother, indicates the family view that Duane and Prince had the same father.
When Duane left to start college, John drove Duane to the University of WisconsinMilwaukee where Duane had a basketball scholarship. John visited him at school to
watch him play basketball, and John came for Duanes graduation ceremony
(although Duane did not graduate, he participated in the ceremony). At a family
gathering in connection with graduation, Norrine stated that Duane was not a real
Nelson. Duanes girlfriend, Carmen, remembers that John walked over to Norrine
and told her that Duane was his son.
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After college, Duane moved back to the Minneapolis area and worked there. He
participated in various family gatherings that included John. Duanes daughter,
Brianna, was told that John was her grandfather, and the family treated her as Johns
granddaughter. She explained to me in a phone conversation that she remembers
going to her Aunt Norrines house after church for Sunday dinner when she was a
young child. She remembers being there with her father, her grandfather and other
family members, and she remembers her grandfather holding her on his lap and
treating her as a grandchild. She said that her relationship with John was very
important to her. She further said that no one had ever said anything to her
suggesting that he was not her grandfather, until he died. Thus, her relationship
with him was always that of grandfather and granddaughter. Brianna always
considered John her grandfather, and he always treated her as his granddaughter.
In 1989 John had a lawyer draft a will for him. The lawyers notes, and the initial
draft of the will, list five people identified as Johns children, including Duane. The
lawyers notes show that John discussed Prince first, and then listed Duane first of
the other children. In a copyright infringement lawsuit Duanes sister, Lorna,
brought against Prince, Duane, and John, Duane is identified as Johns son.
When Duane died, his death certificate listed John as his father, and no family
member challenged that statement on the death certificate. Duanes obituary lists
John as his father, although Norrine has stated that she wrote the obituary listing
John as Duanes father to protect Briannas feelings.
John and Duane treated each other as parent and child. John is listed as Duanes
father on Duanes birth certificate and death certificate. When John consulted with a
lawyer to make decisions about his estate, he listed Duane as his son. Those notes
reflect the way John thought about Duane and confirm the fact that they considered
each other father and son. Duane had no other father; John was the only person he
ever considered his father.
III. How does a decedents intent affect the determination of his intestate heirs?
The intestacy statutes are an approximation of what an average decedent might
want. The statutes cannot and do not fit every family pattern, and anyone can avoid
the application of the intestacy statutes by executing a will or otherwise disposing of
the persons property. When a decedent has not left a valid will, the law steps in to
govern the disposition of the decedents estate. In some cases a decedent may not
know his heirs, and in others the decedent might have preferred one heir over
another. Personal preferences do not matter in connection with the determination
of intestate heirs. In this estate, Princes interactions with various family members
may have some bearing on whether John and Duane had a parent-child
relationshipconsidered themselves father and sonbecause how others viewed
their relationship is evidence of the way they viewed the relationship. The fact that
Prince and Duane referred to each other as brothers suggests that they, and others,
thought of Duane as Johns son. However, once a parent-child relationship is
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established, the intestacy statutes operate mechanically, and a decedents possible

preferences do not affect the application of those statutes.
Evidence indicates that the decedent and Duane had a falling out during a period
when Duanes mental health issues began to cause erratic and violent behavior.
Although it is unfortunate when family members become estranged, bad feelings
can and do develop among family members. An estrangement does not change the
rules for intestacy, and does not affect the determination that John and Duane had a
parent-child relationship.
4. I hereby declare that the above statements are true to the best of my knowledge
and belief, and I understand they are made for use as evidence in court and are
subject to penalty for perjury.
DATED: September 30, 2016
Susan N. Gary
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STATE OF MINNESOTA

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DISTRICT COURT
PROBATE DIVISION
CARVER COUNTY
In Re:
DECLARATION OF DEANNA
BESBEKOS-LAPAGE
Deceased.
I, Deanna Besbekos-LaPage, make the following declaration in the above-captioned matter:

1. I am an attorney at law licensed to practice in the State of Illinois and admitted pro hac
vice to practice in the above-captioned matter. I am one of the attorneys representing
Brianna Nelson and V.N.
2. This Declaration is submitted with the Memorandum of Law of Brianna Nelson and V.N.
Re Legal Basis for Heirship.
3. Attached as Exhibits to the Memorandum of Law of Brianna Nelson and V.N. Re Legal
Basis for Heirship are true and correct copies of the following exhibits:
Exhibit 4: The Amended complaint and decision in copyright lawsuit of Lorna
Nelson against Prince, John L. Nelson, Duane Nelson, and PRN Productions Inc.,
873 F.2d 1141 (8th Cir. 1989).
Exhibit 5: John Nelsons Will File containing a 1989 draft will, 1986 executed
will, correspondence, and notes.
Exhibit 6: Information about 1994 recording by John L. Nelson at
http://www.discogs.com/John-L-Fathers-Song/release/5931519
Exhibit 7: Funeral Program/Obituary of Duane J. Nelson Senior
Exhibit 8: Article about Prince Rogers Nelson from his high school newspaper
4. On September 14, 2016, while at Stinson Leonard Streets office for the deposition of
Traci Bransford, David Crosby of Stinson Leonard Street hand-delivered to myself and
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Celiza Bragana hard-copies of the will file for John L. Nelson, attached as Exhibit 5.
According to Mr. Crosby, these documents were located in Prince Rogers Nelsons files.
I declare under penalty of perjury that everything I have stated in this document is true and
correct, and I signed this declaration in Lake County, Illinois.
Dated: September 29, 2016
/s/ Deanna Besbekos-LaPage

Deanna Besbekos-LaPage
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IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA
FOURTH DIVISION
LORNA L. NELSON,
)
)
Plaintiff,
)
)
)
vs.
)
)
PRN PRODUCTIONS, INC.,
)
PRINCE ROGERS NELSON,
)
JOHN L. NELSON, and
)
DUANE J. NELSON,
)
Defendants. )
Civil Action No.
4-87-722
PLAINTIFF'S MEMORANDUM IN SUPPORT OF

PLAINTIFF'S MOTION FOR LEAVE
TO AMEND COUNT II OF COMPLAINT
Plaintiff Lorna Nelson has moved the Court for an Order
granting Leave to Amend Count II of the Complaint. The amendment to Count II seeks a claim for Declaratory Judgment, declaring Plaintiff Lorna Nelson as co-author with Defendant John
Nelson for the lyrics, "LOVE FOR MONEY" and "TAKING MY MIND
ON A VACATION".
After Plaintiff filed her Complaint, Defendants filed a
Motion Pursuant to Rule 12(b)(6) of the Federal Rules of Civl
Procedure to Dismiss all of the Counts contained in the Complaint. With respect to Count II, Defendants assert that the
Court does not have subject matter jurisdiction over the claim.
Specifically, Defendants argue that, because Count II is a
SABT001114
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demand for accounting by Plaintiff from Defendant John Nelson,

this is a State contract claim and the Federal Court does not
have jurisdiction over this claim.
Plaintiff has alleged in the Complaint that she was a coauthor with her father, Defendant John Nelson, of two (2) lyrics,
entitled "LOVE FOR MONEY" and "TAKING MY MIND ON A VACATION".
Plaintiff further alleges that Defendant John Nelson received
royalties and/or other compensation in accordance with an Agreement with Defendants PRN Productions, Inc. and Prince Rogers
Nelson based on the adaptation of the lyrics, "LOVE FOR MONEY"
and "TAKING MY MIND ON A VACATION". Finally, Plaintiff has
alleged that Defendant John Nelson has never accounted to Plaintiff for her share of the royalties and other compensation
received by Defendant John Nelson, relating to the rights conveyed with respect to the lyrics, "LOVE FOR MONEY" and "TAKING
MY MIND ON A VACATION".
The amendment to Count II seeks to have Plaintiff declared
a co-author with Defendant John Nelson and for an accounting
flowing from this co-authorship with respect to compensation
received by Defendant John Nelson for the adaptation of the
lyrics, "LOVE FOR MONEY" and "TAKING MY MIND ON A VACATION".
Plaintiff was permitted to make discovery of John Nelson
by way of Requests for Admissions, pursuant to Rule 36 of the
Federal Rules of Civil Procedure, relating to Count II. In
-2-
SABT001115
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response to Plaintiff's Requests for Admissions, Defendant

John Nelson denied that he was a co-author with Plaintiff with
respect to the lyrics, "LOVE FOR MONEY" and "TAKING MY MIND
ON A VACATION". In view of this denial, Plaintiff now proposes
to amend Count II to seek a Declaratory Judgment of co-authorship
with Defendant John Nelson with respect to the lyrics. It appears
as.,though Judge Doty anticipated an amendment to Count II in the
event that John Nelson denied co-authorship with Plaintiff, with
respect to these lyrics (see the Court's Order dated February 9,
1988).
Plaintiff believes that the amendment to Count II should be
granted in view of the denial of co-authorship by Defendant
John Nelson. If the amendment is permitted, then Count II
would embody a claim in which the Federal jurisdiction is exclusive. In an action for a Declaratory Judgment to establish
Plaintiff as the Defendant's co-author and for an accounting
based thereon, the Federal jurisdiction is exclusive. 3 Nimmer
1201[A] at 12-7. See Lieberman v. Estate of Chayefsky, 535
F. Supp. 90 (S.D.N.Y. 1982).
Accordingly, Plaintiff submits that the proposed amendment to Count II would certainly be in the interest of judicial economy and fairness to Plaintiff. It is, therefore,
respectfully requested that Plaintiff's Motion for Leave to
Amend Count II of the Complaint be granted for the reasons
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set forth hereinabove.
H man H. Bain (No. 4070)

Attorney for Plaintiff
608 Second Avenue South - Suite 1010
Minneapolis, Minnesota 55402
(612) 339-0159
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IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MINNESOTA
FOURTH DIVISION
)
)
Plaintiff, )
)
)
vs.
)
)
PRN PRODUCTIONS, INC.,
PRINCE ROGERS NELSON,
)
)
JOHN L. NELSON, and
DUANE J. NELSON,
)
)
Defendants. )
LORNA L. NELSON,
Civil Action No.
AMENDED COMPLAINT
Plaintiff, for her Amended Complaint, states and alleges that:

COUNT I
COPYRIGHT INFRINGEMENT
1.
This action arises under the Copyright Laws of the United
States, and jurisdiction of this Court is founded on such Laws

and on Title 28, United States Code, 1338(a). The venue is
proper under 28 U.S.C. 1400(a).
2.
Plaintiff, LORNA NELSON, is an individual, residing at
3121 Pillsbury Avenue, Minneapolis, Minnesota 55408.

3.
Plaintiff, LORNA NELSON, has created and written several
lyrics for adaptation to rock music, including the unpublished

work entitled, "WHAT'S COOKING IN THIS BOOK". Dominant recurring
expressions in "WHAT'S COOKING IN THIS BOOK" are ".
. TAKE A
(ANOTHER) LOOK" and ". . . COOKING IN THIS BOOK".
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4.

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Plaintiff has obtained and is the owner of Copyright
Registration No. PAu 908-566 of the unpublished work entitled,

''WHAT'S COOKING IN THIS BOOK", and a copy of this work and the
Copyright Registration is attached hereto as Exhibit RA".
5.
Defendant, PRN PRODUCTIONS, INC., is a corporation, hav-
ing a principal place of business at 7801 Audubon Road, Chanhassen,

Minnesota 55317, and is engaged in the business of manufacturing,
producing, and distributing phonograph records featuring PRINCE
ROGERS NELSON, an internationally-known rock recording star, performer, vocalist, and writer-composer.
6.
Defendant, PRINCE ROGERS NELSON, an individual, is the
half-brother of Plaintiff, LORNA NELSON; and, on information and

belief, resides at 7801 Audubon Road, Chanhassen, Minnesota 55317,
and is the owner of PRN PRODUCTIONS, INC.'
7.
Defendant, JOHN L. NELSON, an individual, is the father
of Plaintiff, LORNA NELSON and Defendants, PRINCE NELSON and DUANE

NELSON; and, on information and belief, resides at 7801 Audubon
Road, Chanhassen, Minnesota 55317.
8.
Defendant, PRINCE NELSON, is a performer, writer, and
composer of rock music and is the principal singer featured in

record albums and single albums manufactured, produced, and
distributed by PRN PRODUCTIONS.
9.
Defendant, DUANE J. NELSON, is an individual, residing
at 539 Newton Avenue North, Minneapolis, Minnesota, is employed

by PRN PRODUCTIONS, and is the brother of LORNA NELSON and the
half brother of PRINCE NELSON.
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10.

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During the years 1982 through the Spring of 1987, DUANE
NELSON was a frequent visitor to the residence of Plaintiff; and,'

during such visits, DUANE NELSON was allowed to casually review
and inspect lyrics written and owned by LORNA NELSON, including
lyrics for which Plaintiff had obtained Copyright Registrations
and others for which no Copyright Registration had been obtained.
11.
On information and belief, DUANE NELSON, without permis-
sion of Plaintiff, obtained a copy of Plaintiff's copyrighted

unpublished work entitled, "WHAT'S COOKING IN THIS BOOK", and
delivered this copy to PRN PRODUCTIONS and PRINCE NELSON.
12.
In 1987, PRN PRODUCTIONS and PRINCE NELSON manufactured,
produced, and distributed the record album entitled, "SIGN OF THE

TIMES", which included the song "U GOT THAT LOOK", consisting of
lyrics in which the dominant expressions of refrain are "U GOT
THE LOOK" and "COOKING IN MY BOOK". The dominant expressions
cf refrain in the song "U GOT THAT LOOK" are strikingly similar to the dominant recurring expressions of Plaintiff's copyrighted unpublished work entitled, "WHAT'S COOKING IN THIS
BOOK", and constitute an infringement thereof. This infringement was committed willfully and deliberately. A copy of the
album jacket for the album "SIGN OF THE TIMES" is attached
hereto as Exhibit B.
13.
Defendants were notified of Plaintiff's Copyright Regis-
tration by a letter dated April 10, 1987 to PRN PRODUCTIONS, in

which Plaintiff sought to have this matter resolved.
14.
Defendants, through their Attorneys, responded in a letter,

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dated May 29, 1987, denying, in effect, infringement of Plaintiff's

copyright by Defendants.
15.
Defendant, DUANE NELSON, is among those persons listed on
the album entitled, "SIGN OF THE TIMES", credited to having made a

contribution to the album's production; and, on information and
belief, the designation credit of DUANE NELSON was as an author
or co-author of the song, "U GOT THAT LOOK".
16.
On information and belief, Defendants, PRN PRODUCTIONS,
INC. and PRINCE NELSON manufactured, produced, and distributed a

single record recording on one side thereof entitled, "U GOT THAT
LOOK", featuring SHEENA EASTON, an internationally known recording
star, and PRINCE NELSON, as vocalists. The manufacture, production, and distribution of this record constitute an infringement
of Plaintiff's unpublished copyrighted work entitled, "WHAT'S
COOKING IN THIS BOOK".
17.
On information and belief, Defendants, PRN PRODUCTIONS,
INC. and PRINCE NELSON, have manufactured, produced, and distributed a video and a sound track, featuring PRINCE NELSON and
SHEENA EASTON, performing "U GOT THAT LOOK". The manufacture,
production, and distribution of this video and sound track constitute an infringment of Plaintiff's unpublished copyrighted
work entitled, "WHAT'S COOKING IN THIS BOOK".
18.
Defendants continue to, and will continue to, infringe
Plaintiff's copyright in the unpublished work entitled, "WHAT'S

COOKING IN THIS BOOK", all to Plaintiff's substantial and irreparable injury and damage, unless enjoined by this Court.
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COUNT II
DECLARATORY JUDGMENT FOR CO-AUTHORSHIP AND ACCOUNTING
19.
The allegations of Paragraphs 2, 3, and 5 - 8 are re-
alleged and incorporated herein by reference.

20.
This is a claim for a Declaratory Judgment involving an
actual controversy, pursuant to 28 U.S.C.A. 2201 and the Copyright Laws, to declare Plaintiff, LORNA NELSON, as a co-author
with Defendant, JOHN NELSON, for the lyrics, "LOVE FOR MONEY"
and "TAKING MY MIND ON A VACATION".
21.
During the years 1983 through 1985, Plaintiff, LORNA
NELSON, and Defendant, JOHN NELSON, jointly wrote several lyrics

for rock music, including the lyrics entitled, "LOVE FOR MONEY"
and "TAKING MY MIND ON A VACATION". A copy of each of these
lyrics is attached hereto as Exhibits C and D, respectively.
22.
On information and belief, JOHN NELSON entered into an
agreement with Defendants, PRN PRODUCTIONS, INC. and/or Defendant,

PRINCE NELSON, licensing the right to adapt the lyrics, "LOVE FOR
MONEY" and "TAKING MY MIND ON A VACATION", for rock music; and
this agreement was entered into by Defendants, JOHN NELSON, PRN

PRODUCTIONS, INC., and PRINCE NELSON without knowledge or permission of Plaintiff, LORNA NELSON.
23.
Dominant recurring expressions of the lyrics "LOVE FOR
MONEY" were adapted and recorded on the single record entitled,

"LOVE OR MONEY", manufactured, produced, and distributed by PRN
PRODUCTIONS, featuring PRINCE NELSON as the vocalist. LORNA
NELSON is a contributing author of "LOVE OR MONEY". The flip
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side of this record is a recording of the song entitled, 'KISS'.

24.
PRN PRODUCTIONS, INC. manufactured, produced, and distri-
buted the record album entitled, "AROUND THE WORLD IN A DAY", which
included the song AROUND THE WORLD IN A DAY", consisting of
dominant recurring expressions and the theme of the lyrics "TAKING
MY MIND ON A VACATION". LORNA NELSON is a contributing author of
"AROUND THE WORLD IN A DAY".
25.
On information-and belief, Defendant, JOHN NELSON, received
royalties and/or other compensation in accordance with this agreement with Defendants, PRN PRODUCTIONS, INC. and PRINCE NELSON; and
Defendant, JOHN NELSON has never accounted to Plaintiff, LORNA
NELSON, for her share of the royalties and/or other compensation
relating to the rights conveyed with respect to the lyrics "LOVE
FOR MONEY" and "TAKING MY MIND ON A VACATION".
WHEREFORE, Plaintiff prays:
1. That Defendants, PRN PRODUCTIONS, INC. and PRINCE NELSON,
be enjoined from further acts of infringement of Plaintiff's copyright.
2 That Plaintiff be awarded all damages suffered as a
result of the infringement.
3.
That Defendants be ordered to account to Plaintiff for
all profits that are attributable to the Copyright Infringement

Complaint herein.
4.
That this Court enter a Declaratory Judgment determining
Plaintiff, LORNA NELSON, to be a co-author with Defendant, JOHN

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NELSON, for the lyrics, "LOVE OR MONEY" and "AROUND THE WORLD IN
A DAY".
5.
That Defendant, JOHN NELSON, be ordered to account to
Plaintiff for Plaintiff's share of the profits received by

Defendant, JOHN NELSON, for the lyrics "LOVE OR MONEY" and
"AROUND THE WORLD IN A DAY".
6.
That Plaintiff be awarded costs and attorneys fees.
7.
That Plaintiff be granted such other and further relief
as may be proper under the circumstances.
By
Herman H. Bains
Attorney for Plaintiff
608 Second Avenue South
Suite No.:1010
Minneapolis, Minnesota 55402
(612) 339-0159
SABT001124
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Positiv:
As of: Scptember 29 2016 4:18 PM EDT
Nelson v. PRN Productions, Inc.

United States Court of Appeals for the Eighth Circuit
March 17. 1989. Submitted ; May 3, 1989, Filed
No. 88-5193
Repoel
873
PIN
1141; 1989 US. App. LEXIS 6164'. 10 U.S.P,Q.2D (BNA) 1782; Copy L. Rep, (CCH) P26,421
denied its discovery motion. The court

afrmed. The court found that the lower court
properly reviewed copies of the two works at issue
and applied the test for substantial similarity The
court stated that the lower court's determination that
the two works were not substantially similar was
not in error and that that determination provided an
appropriate basis to dismiss plaintiffs suit. The
court also found that plaintiffs discovery motions
were properly denied as they were without merit.
and
Lorna L. Nelson, Plaintiff-Appellant. v. PRN

Productions, Inc, Prince Rogers Nelson, John L.
Nelson. and Duane J. Nelson, DefendantsAppellees
Subsequent History: Writ of certiorari denied
Nelitm v. PRN Productions, Inc, 493 US. 994, 107
L. Ed. 2d 54], 110 S. Ct. 544} 1989 US. LEXIS
5796 (1989)
Prior History: [**1] Appeal from the United Outcome

States District Court for the District of Minnesota.
The court afrmed
David
S.
Dory. Judge.
Nelson v. PRNProds., 1988 US. Dist. LEXIS

19505 (D. Minn, Apr. 27, 1988)
Core Terms
substantially similar, copying. district court, lyrics!
Verse, discovery. copyrighted work, infringement
trial court, fair use, cooking
the decision of the lower court

and found that it had properly granted defendant's
motion after reviewing the two works and
determining that they were not substantially
similar. and that it had properly denied plaintiffs
request for discovery Where the basis for the
request lacked merit.
LexisNexis Headnotes
Case Summary
Copyright Law > > Civil Infringement

Actions > Presumptions > General Overview
Procedural Posture
Copyright Law > Scope of Copyright

Protection > Ownership Rights > General Overview
Plaintiff appealed a decision of the United States

District Court for the District of Minnesota, which HNI
granted defendant's motion to dismiss and denied
plaintiff's discovery motions in a suit alleging
copyright infringement.
Overview
Plaintiff sought review of the decision of the lower
court, which granted defendant's motion to dismiss
See 17
USCS. 501[(11.
Copyright Law > > Elements > Copying by

Defendants > Access
Copyright Law > > Civil Infringement
Actions > Elements > Copying by Defendants
Copyright Law > > Copying by
Defendants > Substantial Similarity > General
DEANNA BESBEKO
10'PR'16'46
10-PR-16-46
873
F.2d1141:*1141;1939 US. App. LEXIS 6164,
Overview
I; 10 U.SP.Q.2D(BNA)1782:***1782
Jelly
C opyright Law > Scope of Copyright

Protection '> Ownership Rights i> General Overview
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Carver County,
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Snider,
Appellee.
Minneapolis.
Minnesota,
Judges: Fagg and Beam, Circuit Judges1 and
for
(31111.11,
Copyright Law > > Ownership

Rights '> Reproductions > General Overview
Violation of 1? USCS 106,

the plaintiff must Show: (1) Plaintiffs ownership of
the allegedly infringed work; and (2) Defendant's
"copying" of the copyrighted work. Copying may
be proven either by direct evidence or by
demonstrating circumstantial evidence establishing
access and "substantial similarity" of the two
works.
HNZ To establish
Copyright Law > > Copying by

Defendants i> Substantial Similarity > General
Overview
Determination of substantial similarity

involves a two-step analysis. There must be
substantial similarity not only of the general ideas
but of the expressions of those ideas as well. First,
similarity of ideas is analyzed extrinsically,
focusing on objective similarities in the details of
the works. Second, if there is substantial similarity
in ideas, similarity of expression is evaluated using
an intrinsic test depending on the response of the
ordinary, reasonable person to the forms of
HN3
expression.
C opyright
Law >
Defendants
Overview
C opyright
Actions
HNJ The
'>
i>
Opinion by: GUNN
> Copying by
Substantial Similarity > General
Law >
>
Civil Infringement
Summary Judgment > General Overview
extrinsic test has been said not

to depend upon the trier of fact. but 011 such
obj active criteria as the type of artwork involved!
the materials used, the subject matter, and the
setting for the subject.
socalled
Counsel: Herman
H.
Minnesota, for Appellant.
Bains,
Minneapolis,
Opinion
[*17831 [*1141] GEORGE F. GUNN, IR.,
UNITED STATES DISTRICT JUDGE
Lorna L. Nelson brought this cause in the District
C 01111 of Minnesota against her half-brother, Prince
Rogers Nelson; her brother. Duane J. Nelson; her
father, John L. Nelson; and PRN Productions, Inc.
Prince Rogers Nelson performs under the single
cognomeu. "Prince," and is a well-known recording
artist! performer, and songwriter of rock music.
PRN is a corporation with its principal place of
business in C hanhassen, Minnesota and engaged in
the business of manufacturing. producing, and
distributing phonograph records featuring Prince.
John Nelson and Duane Nelson are believed to be
employees either of Prince or of PRN.
Count I of the complaint alleges that the song, "U
Got the 100k." manufactured, produced and
distributed by PRN and Prince. [2] constituted
an infringement of Lorna's copyrighted work,
"What's Cooking in [*1142] This Book." in
Violation of federal copyright law. A second count
was for an accounting under state law for
compensation John received from Prince and PRN
for the use of lyrics Lorna allegedly co-authored.
The district judge granted defendants' motion to
dismiss Count I based on his determination that no
substantial similarity existed between Lorna's lyrics
and the allegedly infringing lyrics. The court
dismissed Count II for lack of jurisdiction. Lorna
did not appeal from this latter ruling. The district
1
The Honorable George F. Gmm. Ir Unired States District Judg:

for the Eastern District ofMissouri. sitting by designation.
The Honorable David
District of Iwiilmcsota.
1
DEANNA BESBEKO
S.
Duty. United Sratcs District Judge for th:
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873 F.2d1141, *1142; 1939 U.S. App.
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LEXIS 6164: M2;
court denied Loma's request to take Prince's

deposition pending its ruling on the motion to
dismiss.
10
Plaintiffs ownership of the allegedly
1.
infringed work; and

2.
The issues before the court on appeal are: (1)

Whether the district court erred in its determination
that no copyright infringement occurred, and, (2)
Whether the district court abused its discretion in
denying appellant's discovery requests. Because the
Court nds the district court acted properly 01:1 both
issues, we afrm.
U.SAPAQ.2D(BNA)1782, ***1783
Defendant's "copying"
of
the copyrighted
work.
Knickerbocker
Toy
Co.
v.
:rakHannvay
Internatl 668 F.2d 699, 702 (2d Cir. 1982);

Waiker v. Universfw Books, 602 F.2d 859 862 (9th
Cir. 1979); see also 3 M. Nimmer, Nimmer on
*ri ht
The Copyright Claim
USC.
106 3 sets forth the exclusive

entitlements granted [3] to the holder of a
copyright. Sections 107 through 118 provide
exceptions to the exclusive entitle-manta Section
establishes a cause of action against anyone
who violates any of the exclusive rights of the
copyright owner as provided by sections 106
through 118 * * *. HNI 17 US. C. 501(a}.
17
[4]
To establish a violation
of section
is as follows:
106. Exclusive rights in copyrighted works.
Subject to sections 107 through 118. the owner

this title has The exclusive right
To
of copyrighr under
do and to authorize any of the
following:
(1) to reproduce
phonorecords:
the
copyrighted
work in copies
01'
(2) to prepare derivative works based upon the copyrighted
work:
01'
of the copyrighted
of ownership. or by
as
[*1143] Lama's lyric
I glanced up and saw you, a smile so pretty.
lending:
(4) in the case of lirermy. musical. dramatic. and choreographic

works. pantommlcs. and motion picnu'es and other audiovisual
works, to perform th: copyrighted work publicly: and

(5) in the case of literaly. musical. dramatic, and choreographic
works, pautomimes. and pictorial. graphic, or sculptural works.
including the indix'idual images of a motion picture 01 other

audiovisual work. to display the copyrightcd work publicly
HN2
Specically. the allegedly infringing portions are

follows: [***1784]
Verse Two
(3) to distribute copies or phouorccords

work To the public by sale 01' othcr hansfcr
rental. 1:355.
two lyrics were appended to plaintiffs

complaint [**5] and to her appellate brief Lorna's
copyrighted lyric, "What's Cooking In This B00 ,"
is 35 lines long, arranged in six verses, and
comprised of 176 words. Prince's lyric, U Got the
Look," is approximately 47 lines long, arranged in
eight verses. and comprised of 242 words
The
full text of] 7 I:S.C. 106

5
In this case. defendants have stipulated to plaintiffs

ownership of a valid copyright and to defendant's
access to plaintiffs song. 3 Thus, the only element
in dispute is substantial similarity.
106, the
plaintiff must show:
2T11:
13.01 at 13-3 (1981). Copying may be

proven either by direct evidence or by
demonstrating circumstantial evidence establishing
"access and 'substantial similarity' of the two
works." Knickerbocker Toy Ca, 668 F.2d at 702,
quoting Novehy Textile MRS Inc. v. Joan Fabrics
Corp. 558 F.2d1090, 1092 {2ndC1'r. I977).
Verse Three
Makeup was rolling down my face
Et:
The similarity between the original and the copy is so

striking as To preclude any possibility of independent creation. access
may be inferred. Ferguson 1'. :Van'mm:r Broadcasting Ca. 584 F.2d
H1 H3 [51h Cfr.19?8!.
DEANNA BESBEKO
10'PR'16'46
10-PR-16-46
873
F.2d1141:*1143;1939 USA App. LEXIS 6164,
Verse Three
What's cooking in this book, What's cooking in

this book
Verses One and Six
Take
Prince's
10
USP.Q.2D (BNA)
***1784
17825
then dismantling a defense which the defendants

have not chosen to assert. Defendants have not
applied "fair use as a defense, and the trial court
therefore correctly declined to discuss the
application of that doctrine. Instead. it properly
addressed the issue of substantial similarity.
[7] Hartman v. Halimark Cards, Inc, 833 F.2d

117 120 [8th Cir. 1987!. indites the law in this
Circuit pertaining to substantial similarity:
1y_ric
HN3 Determination of substantial similarity
Verses Two and Seven
I woke up, I've never seen such
involves a two-step analysis. There must be

substantial similarity not only of the general
ideas but of the expressions of those ideas as
well. First, similarity of ideas is analyzed
extrinsically. focusing on objective similarities
in the details of the works. Second. if there is
substantial similarity in ideas, similarity of
expression is evaluated using an intrinsic test
depending on the response of the ordinary,
reasonable person to the forms of expression.
pretty girl.
Verse Five
A whole hour just to
make up your face
Verses Four and Six

5110
'nuf do be cookjng in my book
Verses One and Seven
U got the look
Id.
Plaintiff attempts to analogize her
case to
Harger &
[6]
Row Publishers v. Nation

Enterprises, 471
US. 539, 85 L. Ed. 2d 588, 105 S. Ct. 2218 (1985).
But that case is infelicitous here. In Harper & Row,
a portion of a soon-to-be published memoir
appeared verbatim in 1729 Narfon Afagazme with
defendants neither taking issue with the validity of
plaintiff's copyright nor with the allegation that
they copied a portion of plaintiffs work verbatim.
Therefore, instead of challenging the strength of
Hmper & Rows prima facie case, The Narion
Afagazme argued that its admitted copying of a
portion of the memoir constituted a "fair use."
In this
5;
a 100k
Take another look
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case
plaintiff contends that the district court
erroneously directed its attention exclusively to the

issue of substantial similarity instead of inquiring
as to whether "the use" of plaintiffs work was a
Hmper cf: Row "fair use." But plaintiffs contention
in this regard is simply an attempt to side-step the
necessity of proving infringement by raising and
The District Court had before it here complete

copies of both Lorna's song and Prince's and was
therefore in proper position to apply the substantial
similarity test.
This Court held in Hm'mmn that where both works

are in the record. the trial court has sufcient
evidence upon which to enter summary judgment.
The second step of the substantial similarity
analysis does not call for "analytical dissection" or
"expert opinion, Rather, substantial similarity of
expression is measured by .
the response of the
ordinary, reasonable [**8] person." Id. HN4 The
so-called extrinsic test has been said not to depend
upon the trier of fact. therefore, but on such
objective criteria as "the type of artwork involved,
the materials used, the subject matter, and the
setting for the subject." Sid & Margy Kro
Tefew'sion Prods., Inc. v. McDonaZdis Corp. 562
F.2d1157, 1164 (9th Cir. 1977). The District Court
was capable of making this determination.
DEANNA BESBEKO
10'PR'16'46
10-PR-16-46
873 F.2d 11415 1143; 1939
US App. LEXIS
In this case, the trial court carefully studied the

lyrics involved and determined that reasonable
minds could not differ as to the absence of
sub stantial similarity. The trial judge could
properly determine the matter of substantial
similarity as a matter of law and did so by granting
defendants'
motion to dismiss the
[*1144]
copyright count on the ground that it failed to state
a claim for infringing use. On review. this Court
cannot conclude that a mistake has been committed
by such ruling.
Dr's coveifv
Plaintiff also alleges that the trial court abused its

discretion by refusing to allow
discovery. That is not so. [***1785]
6164, M8; 10 U.SP.Q.2D(BNA)1752:***1784
of the trial court. This Court
Hartman 833 F.2d (#120.
her
further
Plaintiff proposed, primarily, to take Prince's

deposition. She asserts that she would have sought
to discover facts bearing
[9] upon the
availability of the fair use defense and whether
PRN and Prince would admit or deny copying any
of the expressions in plaintiff's lyric.
In discovery matters, the trial court has wide

discretion. The determination of what constitutes
relevant information rests with the sound discretion
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has already noted that
defendants never advanced fair use as a defense.

Rather. they refute plaintiffs claim that defendants
copied her song on the basis of an absence of
substantial similarity. Thus, this Court cannot nd
that the court below abused its discretion in
denying plaintiffs requests for discovery designed
to refute a defense defendants did not raise.
Similarly, because defendants did admit ownership

the Court nds plaintiff's alleged
interest in whether defendants would admit copying
to be totally irrelevant. Had defendants admitted
copying, they would have admitted plaintiffs case.
Clearly. defendants denied copying 011 the basis
that no substantial similarity existed between
plaintiffs and defendants' lyrics. Therefore. this
purported basis for further discovely on plaintiff's
behalf also lacks merit. The district court cannot be
[10] said to have abused its discretion in
denying discovery on this basis.
and access,
Conclusion
For all of the foregoing reasons. we nd that the

district court properly granted defendants' motion
to dismiss and denied plaintiffs discovery motions.
Accordingly. the judgment of the District Court is
hereby afrmed.
End of Document
DEANNA BESBEKO
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EXHIBIT
EXHIBIT 5
5
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10-PR-1646
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n11nr
"YUM
nnnrrrrru
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County, MN
ARTHUR, CHAPMAN ex MCDONOUGH, 2A
375=5902
June 2, 1989
lJmms
ML
Bxeslauer; Jacobsonr Rutman

&
Sherman, Inca
2121 Avenue
Suite 1700
of the Stars
Los Angelesf
Re:
CA
John Nelson
90067
(Will)
Dear Mr. Jones:
Prior to the execution and at your request, I am enclosing herewith

a draft of the will and cover letter for John Nelsonb Please
let
me know if I can be of further assistance
Sincerely yours,
ARTHUR?
CHAPMAN & MCDONOUGH,
{1);uvwa)
Jes
DD
JDEskay
Enclosure
14:)
gZm/ewyj
Echtenkamp
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P.An
10-PR-16-46
1&PRW46
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Carver County,
County, MN
ARTHUR, CHAPMAN a: MCDONOUGH, EA.
swx G. ARTHUKJRf
ATTORNEYS AT LAW
JOHN
CHAPMAN:
INCLUDING THE FORMER FIRM OF GUSTAPSON s TvsoN. 2.x
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JOSEPH
Tom Io
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COLBYB. LLND
June 1, 1989
jwes 0.
Mr. John Nelson

9401 Kiowa Trail
Chanhassen, MN 55317
KAREV MELLENG
STEVEN
DONNA D. GECK 3
THOMAS A. PEARSON
j. DEL H5.s
Wm;
W'VLLIAM]. (TBnm:
Sum Z. Emu;
EUGENE.
(I r
PAUL] R -
Mr:
EU .2 NKAM P
PERSONAL AND CONFIDENTIAL

HAND DELIVERED
Enclosed please find your will that our office has

drafted on
your behalf. since this is an important document
and
will
control
the disposition of your estate, I would like to
point
out
several
aspects to you:
1.
This
2.
As requested, your will omits all of

your children except
your son Prince Nelson, from receiving
any portion of
your estate. Prince will be your sole heir
your
Will. In the event your son Prince were to under
predecease
you, your estate would be di stributed to your heirs other
than your children (i.e. yo ur brothers, sisters,
nieces,
nephews, etc.) in an order of distribution
defined
Minnesota Law. To avoid this result, you may wish by
to
specify in your will who should receiv e your estate in
the event Prince does not.
3.
is oux' understanding that

are not currently
married. If you were to remarry, you
your
spouse would have
a claim for approximately one-thi rd of
your estate. This
is true regardless of the wordin9 of your
will.
4.
Amway:
prior wills
you may have.
It
ill be your son, Prince R.

it
will
be his task to administer your
estate. Administration.involves
Your personal representative
Nelson. As such,
5.
any
gathering your assets and

distributing them to your beneficiaries.
It is our understanding that your current estate is less
than $600,000. If your

happens to exceed
approximately $600,000 at any time in the future,
we
in ddr'lfmd m
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Dear Mr. Nelson:
Will voids
VXNU.
BLAKE \V. DUER
PATRICK C. CRUNAN
DANIEL
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THEODORE} SMETAK
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CHRISTINE M.
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GREGORY
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10-PR-16-46
PRW46
mqwmmmwMCWn

9/30/2016 4:29:25 PM
Carver County,
County, MN
Mr. John Nelson

June 1, 1989
Page Two
HAND DELIVERED
strongly urge you to undertake further estate planning

payment of federal and state estate
in order to avoid
taxes.
We understand that the preparation of your estate plan is a

sensitive matter. If you or your advisors should have any questions
now or in the future, please contact me.
Yours very
truly,
ARTHUR, CHAPMAN
&
MCDONOUGH,
James D. Echtenkamp
JDE/kjm
Enclosure
cc:
Paul Jones
Dennis Luderer
WRK/JNELSON
P.A.
10'PR'16'46
10-PR-16-46
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I]
A, 1 I,
LAST WILL AND TESTAMENT

OF
JOHN NELSON
I,
John Nelson, domiciled
in the
County of Hennepin, State of
Minnesota, being of sound and disposing mind and memory, do hereby
publish
make,
and
declare, with complete testamentary intent and
capacity, this instrument to
be my
Last Will and Testament.
I
Revocation of Prior Wills
ARTICLE
I hereby revoke and annul any and
heretofore
all wills
and
codicils
made by me.
ARTICLE
II
Debts and Taxes
direct
my
Personal Representative to pay from
my
Residuary
Estate (as hereinafter defined), without apportionment, all of my

just debts allowed in my estate (except such of them as shall be
secured by any mortgage,
not have
lien or other
become due and payable
encumbrance and which
at the date of
my
shall
death), expenses
last illness and funeral, expenses of administration of my

estate, including ancillary administration thereof, and all estate
or other death taxes, except any generationskipping transfer tax,
which become due on account of my death, including any interest and
of
my
penalties thereon.
ARTICLE
III
Tangible Personal Property

I
give
and
devise
all
of
my
household
furniture
and
furnishing, automobiles, musical instruments, books, pictures,

jewelry, watches, wearing apparel, silverware and all other items
of tangible personal property which I own at the date of my death,
together with all insurance policies which are in force at the date
of my death insuring any of the herein devised property against any
loss or
liability
to
my
son Prince R. Nelson.
It is
John Nelson
my
specific
10'PR'16'46
10-PR-16-46
intention that
my
Children,
my
Duane Joseph Nelson,
Sharon Nelson
shall not share in the

tangible personal property.
Blakely, Tyka Nelson
distribution of
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and Lorna Nelson
ARTICLE IV
'
Residuagy Estatg
I give and devise
my
all of
the rest, residue and remainder of
estate, excluding any property over which I
appointment
(it being my
may have a power
intention not to exercise
of
any such.power),
but including any lapsed devise hereunder, all of which is herein

referred to as my "Residuary Estate", to Prince R. Nelson or to the
surviving issue of Prince R. Nelson by right of representation;

provided that my childrenv Duane Joseph Nelson, Sharon. Nelson
Blakely, Tyka Nelson and Lorna Nelson shall not receive any
benefits from my estate under the provisions of this Article IV;
and provided further, that the balance of any loans I may have made
to any of
my
outstanding at
children,
if
any,
date of death,
during
my
lifetime that is
reflected on my personal
records, shall be included in the value of my Residuary Estate for
the purpose of determining the value of my Residuary Estate.
If, before the time for distribution as set out hereinabove,
there is no beneficiary to receiVe distribution in full, then I
give and devise my Residuary Estate to my heirs at law as
determined under the laws of the State of Minnesota. Provided,
however, that
shall not be considered my heirs at law for purposes of this
Article
my
as
IV.
ARTICLE V
Simultaneous Death
If
any
beneficiary
named
or described in this Will, shall die
within thirty (30) days of my death, then all provisions of this

Will shall take effect as if I had predeceased such beneficiary.
ARTICLE VI
Personal Representative Powers, Rights and Duties
John Nelson
10'PR'16'46
10-PR-16-46
My
do any
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Personal Representative Shall have power and authority to
act or thing reasonably necessary or advisable to the proper
administration and distribution of my estate, and in extension and

not in limitation of the powers provided by applicable law, my
Personal Representative shall have full power and authority as to
any properties, real, personal or mixed, at any time comprising a
part of my estate, without the necessity of notice to or license,
approval or order of any court or person during the term of such
estate, and for purposes of division and distribution after its
termination, and in the continuing discretion of my Personal
Representative, including the power:
exercise, without limitation, all powers, express and
implied, permitted a personal representative under
Chapter 524 of Minnesota Statutes; and
A.
To
B.
To
all
my
other acts necessary or advisable to

estate.
my
Personal Representative
perform
administer
I recognize that
is granted
by
this
Will discretion as to the distribution of my property. Unless

otherwise specifically restricted by this Will, I direct that my
Personal Representative shall be permitted to divide and distribute
my property in any manner. My Personal Representative shall not be
liable for damages to any beneficiary because of a good faith
decision in making such distribution of property and such decision
shall be final and binding on all parties in interest.
ARTICLE VII
Section 7.1 Appointment of Personal Representative.

nominate and appoint
my
Prince
son
Representative under this Will.
his discretion,
choose
My
successor
R.
Nelson as
my
I hereby
Personal
Personal Representative may, at
individual or corporate Personal
Representative.
Section 7.2 Definition of Personal Representative.
reference i
made
reference shall be
herein to
deemed
my
Wherever
"Personal Representative",
to include any
and
all
such
successor personal
John Nelson
10'PR'16'46
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representatives at any time qualified to act and acting as Personal

Representative under this Will, and each such successor Personal
Representative, immediately upon qualification as such, shall be
vested with
named as
all of
if
the powers, rights and duties as
originally
Personal Representative herein.
Section
7.3
Eggg
My
Personal
designated shall serve without bond, and
Representative
if,
herein
notwithstanding this
direction, any bond is required by any law, statute or rule of

court, I direct that no surety be required thereon.
Section 7.4
Exculpatory Clause.
My
liable for any loss to my estate occasioned by acts

on good faith in the administration of my estate, or in reliance
upon an opinion of counsel, and in any event my Personal
Representative shall be liable only for willful wrongdoing or gross
negligence, but not for honest errors of judgment. No Personal
Representative shall be responsible or liable for the acts or
omissions of any other Personal Representative in which the
Personal Representative sought to be held did not participate or
shall not
be
concur.
Section
7.5
Personal
At his option,
Expenses.
entitled to receive
services rendered
from
as
my
my
Representative
Compensation
Personal Representative shall be
estate
fair
and
just
Personal Representative,
compensation
and.
Representative shall also be reimbursed for any and

expenses
of
my
incurred in the
and
management,
protection
my
all
and
for
Personal
reasonable
distribution
estate.
ARTICLE
VIII
Miscellaneous
Section 8.1
Definitions.
As
used
in this Will
where
appropriate, the masculine includes the feminine and neuter (and

vice versa),.and the singular includes the plural (and vice versa)
and the
following terms
have the
following meanings:
John Nelson
10'PR'16'46
10-PR-16-46
A.
1'
have
five (5) children,
JOSEPH NELSON,
LORNA NELSON.
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namely, PRINCE R. NELSON,
SHARON NELSON
BLAKELY,
All of said children
DUANE
TYKA NELSON and
are adults.
"Issue" of a person, as used herein, includes both the

singular and the plural, and includes the legitimate
natural descendants of such person, and also th0$e who
become such descendants through legal adoption.
Section 8.2 Statement of Intent. It is my specific intention
in preparing this Will that my children Duane Joseph Nelson, Sharon
B.
Nelson Blakely, Tyka Nelson and Lorna Nelson, receive no benefits
estate. In the disposition of my estate under this Will,

I am fully mindful and aware of all my heirs~atlaw, and the
omission of any heirs, or the diminution of the share of any heirs
from
my
their intestate
is intentional and not occasioned by

accident or mistake. This statement is intended to comply with
from
share,
M.S.A. Section 524.2302(a)(l).
Section 8.3
Headings.
headings,
The
titles
and
subtitles
herein are inserted for convenience of reference only and are to

be ignored in any construction of the provisions hereof.
Section 8.4
This Will shall be governed,
ggygrning Law.
interpreted and construed by, and all questions of law arising

hereunder shall be determined under and according to the laws of
the State of Minnesota.
IN WITNESS WHEREOF,
I have hereunto set
Last Will and Testament this
day
my
hand
to this
of
my
,
1989.
John Nelson
THIS INSTRUMENT,
including this
consisting of
typewritten pages,
page and the attached acknowledgement, each
the signature of the
bearing
Nelson, was by his on the
abovenamed John
date hereof signed, published and declared by him to be his Last
Will
and Testament
presence, and
in our presence,
in the presence of
who,
each
at his request and in his
other,
we
believing him to
John Nelson
10'PR'16'46
10-PR-16-46
be
of
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sound and disposing mind and memory, have hereunto subscribed
our names as witnesses.
residing at
residing at
John Nelson
10'PR'16'46
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ACKNOWLEDGMENT
TO
LAST WILL AND TESTAMENT
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
We,
John
Nelson,
and
the
testator and the witnesses,
respectively, whose names are signed to the attached or foregoing
instrument, being first duly sworn, do hereby declare to the undersigned
authority that the testator signed and executed the instrument as his Last
Will, that he signed
willingly, that he executed
as his free and
voluntary act for the purposes therein expressed, and that each of the
witnesses, in the presence and hearing of the testator signed the Will as
witnesses and that to the best of their knowledge the testator was at the
time 18 or more years of age, of sound mind and under no constraint or
,
it
undue
it
influence.
Testator
Address:
Address:
Subscribed, sworn to and acknowledged before me by John Nelson, the

and subscribed and sworn to before me by
and
, witnesses, this
_4_ day of
testator
1989.
Notary Public
C:\WPDOCS\WILLS\JNELSON
John Nelson
10'PR'16'46
10-PR-16-46
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BRhERHHKDBEMLRUTMAN
&SHERMAN
To
From
Date
C!
For Your Files
C]
Please Note and Return
II
For Your Comments
[I
For Your Approval
C]
Per Your Request
D For Your Information

:1 Please
D Let's Discuss
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MANATCPHELPS,ROTHENBERG,TUNNEY5;PWLUPS
A FARTNERSHVF
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ATTORNEYS AT LAW
CHARLES T. MANATH THOMAS DY FKELPS!
ALAN \. Rowmamm
JOHN v, TUNNEV
L. LEE FHILLPS!
EARNET RilfNERv
WILLIE R. aARNESv
MrcHAEL KANIORv -
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DONALD J. =ITZGERALDLAWRENCE .2, uLMAm
JOHN E. EMERSON
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ROBERT L. MURPHY.
YIMDTHY R FURLDNG
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WASHINGTON, DVC. OFFICE
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MARY JAN LARGE'
CHARLES EMME1 LUCEY"
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Fred S. Moultrie,
M. WALDMAN
SARA L SMITH
ROBERT w. RUEON
MARGAPET o. CASEV
WILLIAM DEAN ADDAS
JAMES .1. LEFKOWWZ
KIRK L. SAUNDERS
JEFFREY ALAN KORCHEK
MARY LEE RYAN
MARK FLEECHER
R. RECHT
H.
l432=047
CPA
President
Moultrie Accountancy Corporation

4950 Wilshire Boulevard
Los Angeles, California 90010
Re:
Dear Mr.
Will of
John Lewis Nelson
Moultrie:
Enclosed herein please find a copy of the Will of

John Lewis Nelson. The original of the Will will be kept in
the safe of Manatty Phelps, Rothenberg, Tunney & Phillipsa
Should you require further assistance, please
not hesitate to contact me:
ve
Tunney
EEK/by
Enclosure
cc:
L. Lee Phillips, Esq

(w/o enclosure)
do
truly yours,
Manatt,
P
&
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Phillips
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ROEERT a. GRUNER
GEORGE M. EELFELD
DAVID w. CRUMPACKEE. JR.
DOUGLAS L uwm
KATHLEEN HEENAN MCGUAN
17y 1986
DEEEE LElLAN SHON
ANE J. CRUMPACKER
ELZABETH WATSON
(202 463-4300
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MICHAEL
NEW HAMPSHRE AVE NW
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or msmxc'r
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KURT OSENEAUGH
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HOWARD M. PRU
LAWRENCE J. ELAKE .
EAWEARA J. SCHLAIN
DAVID M. IFSHIN'
ROBERT J. KASEL"
TIMOTHY M THORNION
RDEERT E. HNERFELD
DAVID ELSON
THOMAS E. EVANS, JR,"SUSAN CLARV
LAURENCE M. MARKS
ARN H. TELLEM 1
THOMAS R. KLINE
a. KR'VSTAL
BRUCE D. SNYDER
MARLYN A. FRIEND
ROBERT w PEVTON
SUSAN J. mm
PETER M MENARD
90064
L05 ANGELES, CALIFORNIA
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JOSEPH HORACEK m
GEORGE aAvm warm}?
GORDON M. BAVA:
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355
10'PR'16'46
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Carver County,
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WORKPAPER FILE
MOULTRIE ACCOUNTANCY CORPORATION
July 10,
L. Lee
1986
Phillips,
Esq.
Hanatt, Phelps, Rothenberg, Tunney

11355 West Olympic Boulevard
Los Angeles, California 9006
&
Phillips
Re: John Lewis Nglgon
Dear Lee:
Enclosed herewith please find a copy of the Hill Of John

Lewis Nelson which has been executed by him and
witnessed by Alan Leeds, Don Peake and Karen Krattinger
while we were in Sheridan, Wyoming.
If
I can be of any further assistance please feel free
call.
Very truly
to
Fred 3.
yours,
Houltiie,
President
CPA
FSH:mtm
enclosure
cc:
Bob
Cavallo
Steve Fargnoli
4950 WILSHIRE BOULEVARD
LOS ANGELES, CALIFORNIA 9001Q/ (213) 857-5517
10-PR- 16 - 46
10-PR-16-46
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SAFEKEEPING WITH Missns. MAM".
"
WILL
9:
I,
I.
JOHN LEWIS NELSON,
declare that this is
my
will:
PRIOR WILLS.
I revoke
all wills
and
Codicils that I
have
previously
made.
II.
PROPERTY DISPOSED OF.
I intend by this
III.
will to
dispose of
all of
my
property.
DISINHERITANCE.
in this Will, I have inten

omitted to provide for my heirs
Except as otherwise provided
90064
tionally
and
CAL|FORNIA
who may be
TUNNEY
IV.
&
with
full
living at
knowledge
the time of
my
death.
CONTESTS.
ANGELES.
If
(2I31312-4000
any
will, directly or indi

this will or any of its provisions,
beneficiary under this
ROTHENBERG
LOS
>
PHELPS,
SOULEVARD
TELEPHONE
MANATT.
OLYMPIC
WESY
rectly, contests or attacks

any share or interest given to that contesting beneficiar shall
be revoked and disposed of in the same manner provided in this
Will as if that contesting beneficiary had predeceased me.
V.
REPRESENTATIVES.
I nominate
HESS
my
son PRINCE
ROGERS NELSON as
executor of
this Will, to serve without bond. My executor" as used in this

Will shall include any personal representative of my estate.
My executor shall be authorized as follows:
A.
a_1.
To
sell, with or without notice, at either public or
property belonging to my estate,

subject only to such confirmation of court as may be required by
private sale,
law;
and
to lease
any
1O'PR'16'46
10-PR-16-46
B.
Filed in
9/30/2016 4:29:25 PM
9/30/2016
Carver County,
County, MN
Investments.
invest and reinvest any surplus money in my executor's

hands in every kind of property and every kind of investment,
including interest-bearing accounts, corporate obligations of
every kind, stock, preferred or common, shares of investment
To
trusts, investment companies, mutual funds, common trust funds,

and mortgage participations, which persons of prudence, discre
tion, and intelligence acquire for their own account;
Distributions.
C.
On any preliminary or final distribution of the property
in my estate, to partition, allot, and distribute my estate (pro
rata or otherwise) in kind, including undivided interests in my
estate or any part of it, or partly in money and partly in kind,
or entirely in money, in my executor's discretion;
D.
Borrowings.
To
borrow money and to encumber or to hypothecate by
mortgage, deed of
trust, pledge, or otherwise,
any
property in
my
estate;
E.
Retention of Property.
To
executor
property in my estate for as long as my

appropriate, at the risk of my estate, in my execu
retain
deems
any
tors discretion;
F.
Operation of Business.
To
continue the operation of any business belonging to
in such manner as my executor may deem

advisable and for the best interests of my estate, or to sell or
liquidate the business at such time and in such manner as my
executor may deem advisable and for the best interests of my
estate. Any such operation, sale, or liquidation by my executor,
in good faith, shall be at the risk of my estate and without
liability on the part of my executor for any resulting losses.
my
estate for such time
and
10'PR'16'46
10-PR-16-46
the date
On
last written,
Filed in
9/30/2016 4:29:25 PM
9/30/2016
Carver County,
County, MN
JOHN LEWIS NELSON
declared to
that the foregoing instrument, consisting of

four (4) pages, including the page signed by us as witnesses, was
his will and requested us to act as witnesses to this will. He
thereupon signed this Will in our presence, All of us being present
at the same time. We now, at his request and in his presence and
in the presence of each other, subscribe our names as witnesses.
We further declare that at the time of signing this Will, JOHN
LEWIS NELSON appears to be of sound and disposing mind and memory
and is not acting under duress, menace, fraud, or the undue influ
ence of any person whomsoever.
We declare under penalty of perjury that the foregoing
is true and correct.
Executed on
)
, 19%, at
95 eg)cjg 1U ,
us, the undersigned,
jaw
Ag/\/
residing at fb/( EMQX/d
WWW/a,/:~ WWW
,
@z/W/XW
\C/
,/
ky/x dU/Lllj/
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residing at /6)(s0 8mm)

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4110.
720M611? AWE"
73%
/7&55Wa0w
WWW/L/L
277M
residing at
10'PR'16'46
10-PR-16-46
the date
On
last written,
Filed in
9/30/2016 4:29:25 PM
9/30/2016
Carver County,
County, MN
JOHN LEWIS NELSON
declared to
that the foregoing instrument, consisting of

four (4) pages, including the page signed by us as witnesses, was
his will and requested us to act as witnesses to this will. He
thereupon signed this Will in our presence, All of us being present
at the same time. We now, at his request and in his presence and
in the presence of each other, subscribe our names as witnesses.
We further declare that at the time of signing this Will, JOHN
LEWIS NELSON appears to be of sound and disposing mind and memory
and is not acting under duress, menace, fraud, or the undue influ
ence of any person whomsoever.
We declare under penalty of perjury that the foregoing
is true and correct.
Executed on
)
, 19%, at
95 eg)cjg 1U ,
us, the undersigned,
jaw
Ag/\/
residing at fb/( EMQX/d
WWW/a,/:~ WWW
,
@z/W/XW
\C/
,/
ky/x dU/Lllj/
V
,7
53/J
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residing at /6)(s0 8mm)

Ar'W/mf
4110.
720M611? AWE"
73%
/7&55Wa0w
WWW/L/L
277M
residing at
10'PR'16'46
10-PR-16-46
EXHIBIT
EXHIBIT 6
6
Filed in
9/30/2016 4:29:25 PM
Carver County,
County, MN
10-PR-16-46
9/29/2016

9/30/2016 4:29:25 PM
Carver County, MN
JohnL.*Father'sSong(CD)atDiscogs
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2/2
10'PR'16'46
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EXHIBIT
EXHIBIT 7
7
Filed in
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Carver County,
County, MN
10-PR-16-46

9/30/2016 4:29:25 PM
Carver County, MN
In Law'ng Memory 0f
Duane Joseph Nelson, Sr

August
18, 1938 -
March 4,
2011
10-PR-16-46
10-PR-16-46
Filed in
n First
irst Judicial District Court
9/30/2016 4:29:25 PM
Carver County,
County, MN
(AMA: n/ .u; wn:

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Martial Besombcs
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10-PR-16-46

9/30/2016 4:29:25 PM
Carver County, MN
Ob. nary
NHLHI. 1N. HR. wan hum in
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IN. 11153.
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Duane 11:15 twu brothers; Jnhn 1L and
Sharnn
and
Norrine
sisters;
three
has
HE
Nelson.
Lee
Lama
sister
His
Phillips.
Tyka
and
Nelsun
Nelson precede him in death.
Duane was known for his beautiful smile and
is
which
of
mm:
friends,
many
made
He
dimples.
.
haw
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I.
Loweryjohnsan.
Duane loved basketball and football. He received
0f
Univmsity
the
to
scholarship
basketball
a bachalnrs
received
and
Milwaukee
in
Wisconsm
a bus driver far
was
Duane
justice.
criminal
in
degree
nancial worker for Hennepin

Prince
with
muted
and
Assistance
Econnmic
County
for It years sewmg in many capacities.
Duane loved to write songs, sing, and play the
Metro Transit,
keyboard.
Duane was saved and confessed Jesus Christ as
preach
to
called
be
to
hoped
He
Savior.
Personal
his
March
Lord
the
with
be
4,
to
went
Duane
gospel.
the
zuu. Ht: will truly be missed by all.
10'PR'16'46
10-PR-16-46
EXHIBIT
EXHIBIT 8
8
Filed in
9/30/2016 4:29:25 PM
Carver County,
County, MN
10-PR-16-46
9/29/2016
PRINCEINPRINT

9/30/2016 4:29:25 PM
Carver County, MN
CENTRALHIGHSCHOOL(1976)
(WhatfollowsisatranscriptofPrince'sveryfirstinterview.Itappearedinhishighschoolnewspaperon
February16,1976.ItisaccompaniedbyapictureofayoungafrocladPrincesittingatapiano.)
NelsonFindsIt"HardToBecomeKnown"
"IplaywithGrandCentralCorporation.I'vebeenplayingwiththemfortwoyears,"PrinceNelson,seniorat
Central,said.Princestartedplayingpianoatagesevenandguitarwhenhegotoutofeighthgrade.
PrincewasborninMinneapolis.Whenasked,hesaid,"Iwasbornhere,unfortunately."Why?"Ithinkitisvery
hardforabandtomakeitinthisstate,evenifthey'regood.Mainlybecausetherearen'tanybigrecord
companiesorstudiosinthisstate.IreallyfeelthatifwewouldhavelivedinLosAngelesorNewYorkorsome
otherbigcity,wewouldhavegottenoverbynow."
HelikesCentralagreatdeal,becausehismusicteacherslethimworkonhisown.HenowisworkingwithMr.
Bickham,amusicteacheratCentral,buthasbeenworkingwithMrs.Doepkes.
Heplaysseveralinstruments,suchasguitar,bass,allkeyboards,anddrums.Healsosingssometimes,whichhe
pickeduprecently.Heplayedsaxophoneinseventhgradebutgaveitup.Heregretshedid.Hequitplayingsax
whenschoolendedonesummer.Heneverhadtimetopracticesaxanymorewhenhewentbacktoschool.He
doesnotplayintheschoolband.Why?"Ireallydon'thavetimetomaketheconcerts."
PrincehasabrotherthatgoestoCentralwhosenameisDuaneNelson,whoismoreathleticallyenthusiastic.He
playsonthebasketballteamandplayedonthefootballteam.Duaneisalsoasenior.
Princeplaysbyear."I'vehadabouttwolessons,buttheydidn'thelpmuch.Ithinkyou'llalwaysbeabletodo
whatyoureartellsyou,sojustthinkhowgreatyou'dbewithlessonsalso,"hesaid.
"Iadviseanyonewhowantstolearnguitartogetateacherunlesstheyareverymusicallyinclined.Oneshould
learnalltheirscalestoo.Thatisveryimportant,"hecontinued.
Princewouldalsoliketosaythathisbandisintheprocessofrecordinganalbumcontainingsongstheyhave
composed.Itshouldbereleasedduringtheearlypartofthesummer.
"EventuallyIwouldliketogotocollegeandstartlessonsagainwhenI'mmucholder."
http://princetext.tripod.com/i_hs.html
1/1
10'PR'16'46
10-PR-16-46
EXHIBIT
EXHIBIT 9
9
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Carver County,
County, MN
10-PR-16-46

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Carver County, MN
| Caution
As of: June 21, 2016 12:36 PM EDT
In re Estate of Palmer
Supreme Court of Minnesota
March 20, 2003, Filed
C7-02-182
Reporter
658 N.W.2d 197; 2003 Minn. LEXIS 124
In re: Estate of James A. Palmer, Deceased.

Prior History: [**1] Court of Appeals. Office of
Appellate Courts.
In re Estate of Palmer, 647 N.W.2d 13, 2002 Minn.
App. LEXIS 698 (2002)
Disposition: Affirmed.
Core Terms
Parentage, decedent, purposes, paternity, probate,
intestate succession, district court, probate code,
convincing, statutes, appeals
Case Summary
its relation to the preceding phrase in the same

sentence: a person is the child of the persons
parents regardless of the marital status of the
parents. The Supreme Court of Minnesota held
that the word may was permissive and that both
courts had correctly interpreted 524.2-114 as
permitting, but not requiring, that parentage in a
probate proceeding be determined in accordance
with the dictates of the Parentage Act. Had the
legislature wanted parentage for probate purposes
to have been determined exclusively under the
Parentage Act, it could have so provided. The son
provided clear and convincing evidence of his
parentage including, that the deceased visited the
son two to three times per week and the son
consistently called him dad. The deceased also
attended family outings, graduations and other
events as the sons father, including participating
his wedding as father of the groom.
Procedural Posture
The district court held that use of may in Minn.
Stat. 524.2-114(2) (2002) created the inference
that the Parentage Act, Minn. Stat. 257.51 to
257.74, was not the exclusive means of Outcome
establishing paternity for the purposes of intestate The judgment of the trial court was affirmed.
succession and granted appellee sons petition for
distribution of his fathers estate, denying appellant LexisNexis Headnotes
deceaseds wifes objections. The Court of Appeals
of Minnesota affirmed. The wife appealed.
Criminal Law & Procedure > ... > Appeals >
Standards of Review > De Novo Review
Overview
The wife argued that the court of appeals erred by
not requiring paternity for the purposes of intestate
succession to have been decided under the
Parentage Act, and by focusing on the word
may in 524.2-114(2), of the Probate Code,
Minn. Stat. 524.1-101 et. seq., without analyzing
Criminal Law & Procedure > ... > Standards of

Review > De Novo Review > General Overview
Family Law > Paternity & Surrogacy > General
Overview
Family Law > Paternity & Surrogacy > Establishing
Paternity > General Overview
DEANNA BESBEKO
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Carver County, MN
Page 2 of 5
658 N.W.2d 197, *197; 2003 Minn. LEXIS 124, **1
Family Law > ... > Proof of Paternity > Types of

Evidence > General Overview
Governments > Legislation > Interpretation
HN1 Statutory construction is a question of law,

subject to de novo review by the Supreme Court
of Minnesota. When interpreting a statute,
whenever possible, no word, phrase or sentence
should be deemed superfluous, void, or
insignificant.
Estate, Gift & Trust Law > Estate Administration >
Claims Against Estates > General Overview
Overview
the parents, highlights the fact that the legislature

has sought to remove the distinctions between
marital and nonmarital issue in inheritance claims.
Minn. Stat. 524.2-114.
Civil Procedure > ... > Pleadings > Time
Limitations > General Overview
Civil Procedure > ... > Pleadings > Time
Limitations > Extension of Time
Overview
HN5 The legislature specifically provided that the

Parentage Act, Minn. Stat. 257.51 to 257.74,
HN2 See Minn. Stat. 524.2-114.
does not extend the time limit for asserting a right
of succession. Minn. Stat. 257.58, subd. 2
(2002).

Overview


Family Law > Child Support

Obligations > General Overview

Paternity > Uniform Parentage Act

Overview
HN3 Minn. Stat. 524.2-114(2), is similar to

Uniform Probate Code 2-114(a), which provides,
The parent and child relationship may be
established under the Uniform Parentage Act.
Unif. Probate Code 2-114 (amended 1993), 8
U.L.A. 91 (Supp. 2002).
Estate, Gift & Trust Law > ... > Probate > Probate
Proceedings > General Overview
Overview
HN4 The word may is permissive. Minn. Stat.

645.44 , subd. 15 (2002). Indeed, the statutes
statement that, a person is the child of the
persons parents regardless of the marital status of
>
Support

HN6 The Parentage Act, Minn. Stat. 257.51 to

257.74, and the Probate Code, Minn. Stat. 524.1
-101 et. seq., are independent statutes designed to
address different primary rights. The purpose of
the Parentage Act is to establish the legal
relationship between a child and the childs natural
or adoptive parents, incident to which the law
confers or imposes rights, privileges, duties, and
obligations. Child support is the major concern
under the Parentage Act. The purpose of the
Probate Code, on the other hand, is to determine
the devolution of a decedents real and personal
property. The different purposes the two statutes
serve, help to explain why the legislature
contemplated different periods of limitations for
filing claims under those statutes. The distinct
DEANNA BESBEKO
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Carver County, MN
Page 3 of 5
658 N.W.2d 197, *197; 2003 Minn. LEXIS 124, **1
purposes of probate and family law justify the

legislatures decision not to make the Parentage
Act the sole means of establishing paternity for
the purposes of probate.
Overview
HN7 The Probate Code, Minn. Stat. 524.1-101 et.

seq., through the use of the term may explicitly
provides that the Parentage Act, Minn. Stat.
257.51 to 257.74, is not the exclusive means of
determining parentage for the purposes of intestate
succession. Minn. Stat. 524.2-114(2).
Syllabus
may be established by clear and convincing

evidence apart from the Parentage Act and its
time limitation on bringing actions to determine
paternity. We conclude it may and affirm the
decision of the court of appeals.
The facts of this case are undisputed and were
stipulated to pursuant to Minn. R. Civ. App. P.
110.04. James A. Palmer [*198] (decedent) died
on September 22, 1999. He was survived by
appellant Marie Palmer, his wife of 51 years. No
children were born to decedent and his wife. At
the time of his death decedent owned a one-half
[**2]
interest in his home located in Ramsey
County, which he inherited upon the death of his
father in 1983. Absent respondent Michael J.
Smiths challenge, Marie Palmer would receive
decedents entire interest in the home in fee
simple, pursuant to Minn. Stat. 524.2-402(a)(1)
(2002). If respondent were found to be decedents
issue, Marie Palmer would receive a life estate in
decedents interest in the home with the remainder
interest going to respondent. Minn. Stat.
524.2-402(a)(2).
Minnesota Statutes 524.2-114 (2002) does not

require that parentage for purposes of intestate
succession be established under the Parentage
Act, Minn. Stat. 257.51 and 257.74 (2002).
Parentage for purposes of intestate succession Michael J. Smith (Smith) was born on September
may also be established by clear and convincing 7, 1957, to Beverly A. Smith. On January 26,
1959, decedent was charged with the crime of
evidence.
illegitimacy, relating to the birth of Smith. On
January 28, 1959, decedent pleaded guilty to that
Judges: Gilbert, J.
charge. On February 10, 1959, Smiths birth
Opinion by: GILBERT
certificate was revised to indicate James A. Palmer
as the father with a written note stating,
Opinion
adjudication of paternity report. There is no
evidence that decedent consented to the revision
Heard, considered, and decided by the court en
of the birth certificate. 1
banc.
[**3] Decedent never acknowledged fathering
[*197] GILBERT, Justice.
Smith to his wife or to his closest friend. Smith
The issue raised by this appeal is whether never visited decedents home nor did he bring
parentage for the purposes of intestate succession any proceeding to adjudicate paternity before
1
Respondent argues that decedents 1959 guilty plea to an illegitimacy charge and the subsequent revision of Michael J. Smiths birth
certificate to list him as the childs father should be dispositive in determining whether Smith should inherit from decedent. The district
court did not base its decision on the criminal adjudication. Having found in respondents favor on other grounds, we need not decide
the effect of the 1959 adjudication.
DEANNA BESBEKO
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Carver County, MN
Page 4 of 5
658 N.W.2d 197, *198; 2003 Minn. LEXIS 124, **3
April 16, 2001. Nonetheless, decedent and Smith

did have an ongoing relationship. Decedent visited
Smith two to three times per week at the Smiths
home during childhood. He helped Smiths mother
move into her home. He referred to Smith as his
son and Smith consistently called him dad. He
taught Smith auto mechanics, and the two hunted,
golfed and made numerous trips to a lake cabin
together. He gave numerous gifts to Smith
throughout his life, including a ring purchased
during his military service. He also divided a $
2.00 bill in half for each of them to keep; Smith
still has his half of the bill. Decedent and Beverly
Smith were close and participated in many family
activities. He also attended family outings,
graduations and other events as Smiths father,
including participating in Smiths wedding as
father of the groom. Several pictures were
presented to the district court showing decedents
attendance at Smiths family gatherings.
This matter came up for hearing before the
Ramsey County District [**4] Court. The district
court issued an order and memorandum granting
Smiths
petition
for
summary
assignment/distribution and denying Marie
Palmers objections. The court concluded that the
use of the term may in Minn. Stat. 524.2114(2) (2002) created the inference that the Parentage Act is not the exclusive means of
establishing paternity for the purposes of intestate
succession. The court went on to hold that since
the statute does not mandate the exclusive use of
the Parentage Act to determine paternity, parentage
may also be established in a probate court
proceeding by clear and convincing evidence. 2
The district court then found that Michael J.
Smith had established by clear and convincing
evidence, unrefuted at trial, the [*199] existence
of the parent-child relationship. Marie Palmer
appealed the decision.
purposes of intestate succession may be established

by clear and convincing evidence apart from the
Parentage Act and its time limitation on bringing
proceedings to establish paternity. In re Estate of
Palmer, 647 N.W.2d 13, 16 (Minn. App. 2002).
Marie Palmer petitioned this court for review of
the court of appeals decision. We granted review.
HN1 Statutory construction is a question of law,
subject to de novo review by this court. Doe v.
Minnesota State Bd. of Med. Examrs, 435 N.W.2d
45, 48 (Minn. 1989). When interpreting a statute,
whenever possible, no word, phrase or sentence
should be deemed superfluous, void, or
insignificant. Amaral v. St. Cloud Hosp., 598
N.W.2d 379, 384 (Minn. 1999).
Appellant argues that the court of appeals erred by
not requiring paternity for the purposes of intestate
succession to be decided under the Parentage Act.
Appellant claims the lower courts erred by
focusing on the word may in Minn. Stat.
524.2-114(2), without analyzing its relation to the
preceding phrase in the same sentence: a person
is the child of the persons [**6] parents regardless
of the marital status of the parents.
Minnesota Statutes 524.2-114 states:
HN2 If, for purposes of intestate succession, a
relationship of parent and child must be established
to determine succession by, through, or from a
person:
****
(2) In cases not covered by clause (1) [addressing
adoption], a person is the child of the persons
parents regardless of the marital status of the
parents and the parent and child relationship may
The court of appeals affirmed the district courts

[**5] decision, concluding that parentage for the
2
Ramsey County Probate Court is a division of district court. Minn. Stat. 2.722, subd. 3 (2002).
DEANNA BESBEKO
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Carver County, MN
Page 5 of 5
658 N.W.2d 197, *199; 2003 Minn. LEXIS 124, **6
be established under the Parentage Act, sections HN6 The Parentage Act and the Probate Code are
independent statutes designed to address different
257.51 and 257.74. 3
primary rights. The purpose of the Parentage Act
HN4 The word may is permissive. Minn. Stat. is to establish the legal relationship * * *
645.44 [**7] , subd. 15 (2002). The district court between a child and the childs natural or adoptive
and court of appeals both correctly interpreted parents, incident to which the law confers or
Minn. Stat. 524.2-114 as permitting, but not imposes rights, privileges, duties, and obligations.
requiring, that parentage in a probate proceeding Child support is the major concern under the
be determined in accordance with the dictates of Parentage [**9] Act. The purpose of the Probate
the Parentage Act. Palmer, 647 N.W.2d at 16. Code, on the other hand, is to determine the
Appellants argument that, within the context of devolution of a decedents real and personal
the statute, the word may is in fact mandatory is property. The different purposes the two statutes
not convincing. Indeed, the statutes statement serve, help to explain why the Legislature
that, a person is the child of the persons parents contemplated different periods of limitations for
regardless of the marital status of the parents, filing claims under those statutes.
highlights the fact that the legislature has sought
to remove the distinctions between marital and Id. at 463 (citations omitted). The New Jersey
nonmarital issue in inheritance claims. Minn. Stat. courts rationale is applicable to our law. The
524.2-114; see Voss v. Duerscherl, 425 N.W.2d distinct purposes of probate and family law justify
the legislatures decision not to make the Parentage
828, 830 n.7 (Minn. 1988).
Act the sole means of establishing paternity for
Had the legislature wanted parentage for probate the purposes of probate.
purposes to be determined exclusively under the In support of the proposition that the Parentage
Parentage Act, it could have so provided. 4 But, Acts statute of limitations bars Smiths probate
there exists sound rationale for the legislatures claim, appellant cites Witso v. Overby, a paternity
decision to use permissive language. The New case where we stated, The MPA [Parentage Act]
Jersey Supreme Court was faced with a similar provides the exclusive bases [sic] for standing to
situation in Wingate v. Estate of Ryan, 149 N.J. bring an action to determine paternity. 627
227, 693 A.2d 457 (N.J. 1997), [**8] where a N.W.2d 63, 65-66 (Minn. 2001) (citing Morey v.
31-year-old claimant sought to prove parentage Peppin, 375 N.W.2d 19, 22 (Minn. 1985)).
for the purposes of intestate succession [*200] However, HN7 the probate code through the use
under New Jerseys Parentage Act, which provided of the term may explicitly provides that the
a 23-year statute of limitations. In Wingate, the Parentage Act is not the exclusive means of
court held that the New Jersey Parentage Acts determining parentage for the purposes of intestate
statute of limitations did not bar the probate succession. [**10] Minn. Stat. 524.2-114(2).
claim. Id. at 465. The court explained the Accordingly, we affirm the court of appeals.
differences between the Parentage Act and the Affirmed.
Probate Code under New Jersey law.
3
The section of the Minnesota Probate Code at issue here, Minn. Stat. 524.2-114(2), HN3 is similar to Uniform Probate Code
2-114(a), which provides, The parent and child relationship may be established under [the Uniform Parentage Act] [applicable state law]
[insert appropriate statutory reference]. Unif. Probate Code 2-114 (amended 1993), 8 U.L.A. 91 (Supp. 2002).
4
HN5 The legislature specifically provided, for example, that the Parentage Act does not extend the time limit for asserting a right
of succession. Minn. Stat. 257.58, subd. 2 (2002).
DEANNA BESBEKO

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10-PR-16-46

Filed in First Judicial District Court

Statements of Brianna Nelson and Jeannine Halloran

Declaration of Susan N. Gary, Professor of Law at University of Oregon

Affidavit of Deanna Besbekos LaPage

Amended Complaint and decision of Nelson v. PRN Productions, Inc.,

Information about 1994 recording by John L. Nelson at

2011 Obituary of Duane Nelson

Estate of Palmer, 658 N.W.2d 197 (Minn. 2003)

STATEMENT OE BRIANNA NELON

My claims are not based on a genetic relationship to Decedent or to John L. Nelson.

STATEMENT OF JEANNINE HALLORAN,

V.N. has led a claim that

she is the grandniece and heir

of Prince Rogers Nelson

In the Matter of:

Filed in First Judicial District Court

Estate of Prince Rogers Nelson,

DECLARATION OF SUSAN N. GARY

I, Susan N. Gary, declare as follows:

In the Matter of:

Filed in First Judicial District Court

Estate of Prince Rogers Nelson,

DECLARATION OF SUSAN N. GARY

I, Susan N. Gary, declare as follows:

Filed in First Judicial District Court

The Minnesota Probate Code does not provide a complete definition of

Filed in First Judicial District Court

Filed in First Judicial District Court

What Is the Role of a Determination of a Genetic Relationship?

A genetic relationship can be used to establish a parent-child relationship

Filed in First Judicial District Court

not be determinative for intestacy purposes. If a parent-child relationship is

Determination of Parentage Based on Clear and Convincing Evidence

Minnesota law on the determination of the parent-child relationship begins

Filed in First Judicial District Court

Filed in First Judicial District Court

Filed in First Judicial District Court

established, the intestacy statutes operate mechanically, and a decedents possible

Filed in First Judicial District Court

Court File No. 10-PR-16-46

Estate of Prince Rogers Nelson,

I, Deanna Besbekos-LaPage, make the following declaration in the above-captioned matter:

Filed in First Judicial District Court

Dated: September 29, 2016

/s/ Deanna Besbekos-LaPage

Filed in First Judicial District Court

IN THE UNITED STATES DISTRICT COURT

Civil Action No.

PLAINTIFF'S MEMORANDUM IN SUPPORT OF

Filed in First Judicial District Court

demand for accounting by Plaintiff from Defendant John Nelson,

Filed in First Judicial District Court

response to Plaintiff's Requests for Admissions, Defendant

Filed in First Judicial District Court

set forth hereinabove.

H man H. Bain (No. 4070)

Filed in First Judicial District Court

IN THE UNITED STATES DISTRICT COURT