Chambers v. Devore - W2008-02548-COA-R3-CV, 2009 Tenn. App. LEXIS 754 (Ct. App. Nov. 9, 2009)

Rule:

To be a "bodily heir" of a life tenant, one must be both a "lineal descendant" and an intestate "heir." "Lineal descendant" is defined as a blood relative in the direct line of descent, including children, grandchildren, and great-grandchildren. It is clear that biological grandchildren are lineal descendants of their grandparents.

Facts:

Testator's will, probated in 1942, left certain lands to his daughter for her life, and then to her "bodily heirs." The life tenant's granddaughter filed a “Complaint to Determine Heirship, to Quiet Title and for Partition,” seeking a determination of her rights in the subject property. The granddaughter conceded that she was not entitled to take through her deceased father, as his interest lapsed when he predeceased the life tenant. However, she contended that she was entitled to take directly as a "bodily heir" of the life tenant. The trial court granted summary judgment in favor of the defendants. The granddaughter appealed. 

Issue:

Under the circumstances, may the granddaughter be entitled to a share in the subject property, thereby making the grant of summary judgment in favor of the defendants an error?  

Answer:

Yes.

Conclusion:

The instant court found that because the Will conveyed the subject property, upon the daughter’s death, to the daughter’s “bodily heirs,” a clear intention to create a contingent remainder was shown. The daughter’s son’s interest in the property was contingent upon his survival to the termination of the daughter’s life estate. Thus, when he predeceased the daughter, his interest was extinguished. Accordingly, his issue were not entitled to take his share pursuant to the Class Gift Statute. However, the instant court found that if the life tenant’s granddaughter was both the daughter's "heir" and her "lineal descendant," she was also her "bodily heir." Thus, the life tenant’s granddaughter was potentially a member of the class of the daughter's "bodily heirs" to whom Testator's land was devised at the daughter's death.