Cody B. Heisinger v. Ward Frank Cleary

Summary

The court held that an executor need not present expert testimony to establish the applicable standard of care when the claim concerns the executor's selection and retention of a professional appraiser under the fiduciary powers statute. The applicable standard is ordinary due care, but the undisputed facts established that the executors exercised due care in selecting and retaining the appraisal firm and therefore were statutorily shielded from liability for the appraisal's alleged errors. The court affirmed summary judgment for the defendants on that alternative ground.