Tennessee: Determining ‘Bodily Heirs’ included in a Contingent Remainder
The will of Robert Milton Stone granted his daughter a life estate in multiple tracts of land, and further provided that upon her death, the land would pass in fee simple to her bodily heirs. When the daughter died, she had one surviving child and four grandchildren from a son who predeceased her. One of the grandchildren filed a Complaint to Determine Heirship, to Quiet Title and for Partition. The Trial court granted summary judgment against the grandchild, stating Robert Milton Stone created a contingent remainder for the bodily heirs of his daughter and that predeceasing the life tenant caused the interest to lapse for the contingent remainder beneficiary and his issue.
The grandchild appealed. The question before the Court of Appeals of Tennesse was whether the issue of a child who predeceases the life tenant is included within the class of “bodily heirs” of the life tenant. The court first determined that the grandchild was not entitled to take a share of the property as the issue of a contingent remainder beneficiary who predeceased the life tenant pursuant to the state’s Class Gift Statute. Based on prior case law, however, the court held that if he grandchild is her father’s issue, and her father is the life tenant’s issue, she is directly a “bodily heir” of the life tenant and entitled to take. Summary judgment was reversed and the case was remanded.