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Luke Buckley v. Kerry Buckley
W2024-00171-COA-R3-CV
Tenn. Ct. App.
Apr 14, 2025
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Background

  • Luke Buckley filed an action for partition by sale of real property he co-owned with several relatives, asserting the property was "heirs property" under Tennessee law.
  • Title documents included a 1978 warranty deed dividing interest among six cotenants and a later quitclaim deed, after which only the parties named in the complaint owned the property.
  • Dameion Buckley, grandson of an original cotenant, moved to intervene, arguing he was deprived of his inheritance when his father executed the quitclaim deed while allegedly incapacitated.
  • Dameion relied on a power of attorney, an affidavit of heirship, and asserted claims of "collateral heirship" and intestate succession rights.
  • The trial court denied Dameion's motions, finding his father had transferred away any ownership interest before death.
  • Dameion appealed pro se, primarily challenging the determination that he lacked an interest in the property and requesting intervention as of right.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Right to intervene in partition action Dameion: Has inheritance interest as son/heir Luke: Dameion's father conveyed interest before death Denied right to intervene
Effect of quitclaim deed on inheritance rights Quitclaim invalid due to father’s incapacity Deed valid; no proof of incapacity Deed valid; no inherited interest
Legal sufficiency of power of attorney POA made deed execution improper POA didn't restrict father’s rights POA immaterial to deed validity
Court's refusal to add Dameion to deeds Entitled as heir/affidavit of heirship Not an owner; property already conveyed Refused to add to deeds

Key Cases Cited

  • State v. Brown & Williamson Tobacco Corp., 18 S.W.3d 186 (Tenn. 2000) (sets standard for intervention as of right)
  • McQuiddy Printing Co. v. Hirsig, 134 S.W.2d 197 (Tenn. 1939) (quitclaim deed conveys grantor’s interest)
  • In re Estate of Stewart, 545 S.W.3d 458 (Tenn. Ct. App. 2017) (vesting of real property in heirs at law)
Read the full case

Case Details

Case Name: Luke Buckley v. Kerry Buckley
Court Name: Court of Appeals of Tennessee
Date Published: Apr 14, 2025
Docket Number: W2024-00171-COA-R3-CV
Court Abbreviation: Tenn. Ct. App.