Keesecker v. Bird

200 W. Va. 667 (1997)

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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.)

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