An American judge has told Tomi Rae Hynie, the former partner of James Brown, to seek a DNA test for the boy who she claims is a child of the late soul singer.

Ms Hynie says that six-year-old James Brown II has been receiving social security and insurance benefits since Brown’s death on Christmas Day in 2006.

However, the trustees who were appointed to handle the soul singer’s estate have questioned Ms Hynie’s motives.

Judge Jack Early said on Friday (April 25th) that Ms Hynie would have 30 days to obtain a paternity test for the child.

Following the hearing, Peter Shahid, a court-appointed attorney for James Brown II, said Brown had “held up this child to be his son.”

"We have writings that he has signed indicating that this is his son,” Shahid said.

“He talks lovingly of his child. So all indications are this is the son of James Brown."

The decision over the boy is the latest dispute over Brown’s estate, which has been the subject of much legal wrangling since the singer died.

In his last will, Brown choose to leave the majority of his finances to a fund established to help educate disadvantaged children.

However, six of his adult children claim early drafts questioned whether this was the case.

(by Jason Gregory)