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