Keesecker v. Bird

200 W. Va. 667 (1997)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Keesecker v. Bird

West Virginia Supreme Court of Appeals
200 W. Va. 667 (1997)

LJ

Facts

Ward Keesecker II (plaintiff) held the remainder interest in certain real and personal property bequeathed by will to his mother, Emily Keesecker, for her life. Walter Bird and Arch Steiner (the representatives) (defendants) were the representatives over Emily’s affairs while Emily was comatose following a car accident. Steiner was appointed between 1981 and 1986, and Bird was appointed from 1986 to 1993. Ward alleged that the representatives negligently allowed the property in Emily’s life estate, including a large residential home known as Highwood House, to deteriorate, thereby resulting in the near total destruction of the property. During the time that the representatives oversaw Emily’s life estate, Highwood House was repeatedly burglarized and suffered severe damage from a fire of suspicious origin. In April 1992, Bird sued Ward to try to force the sale of Highwood House, alleging there was a willing buyer and the sale was in Emily’s best interest. Ward filed a countercomplaint, alleging that the representatives committed waste by allowing Highwood House to deteriorate and failing to preserve its contents. In January 1993, another fire occurred at Highwood House. In May 1993, Emily died. At trial, Ward testified that the deterioration of the property commenced as early as 1975. The representatives filed a motion for summary judgment, alleging that they were not proper parties to the action and that as fiduciaries they could not be held personally responsible for waste. Steiner, acting individually, also argued the claims were outside the statute of limitations. The circuit court dismissed the cause of action against the defendants, finding that Bird was not a proper party to the action and that the claim against Steiner was barred by the statute of limitations. Ward filed an appeal.

Rule of Law

Issue

Holding and Reasoning (Starcher, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 741,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 741,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 741,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership