WEST VIRGINIA CODE
WVC 55-2-7
§55-2-7. Actions on bonds of personal representatives and
fiduciaries.
The right of action upon the bond of an executor,
administrator, guardian, curator or committee, or of a sheriff
acting as such, shall be deemed to have first accrued as follows:
Upon a bond of a guardian or curator of a ward, from the time of
the ward's attaining the age of eighteen years, or from the
termination of the guardian's or curator's office, whichever shall
happen first; and upon the bond of any personal representative of
a decedent or committee of an insane person, the right of action of
a person obtaining execution against such representative or
committee, or to whom payment or delivery of estate in the hands of
such representative or committee shall be ordered by a court acting
upon his account, shall be deemed to have first accrued from the
return day of such execution, or from the time of the right to
require payment or delivery upon such order, whichever shall happen
first. And as to any suit against such fiduciary himself, or his
representative, which could have been maintained if he had given no
bond, there shall be no other limitation than would exist if the
preceding section were not passed. Where any such fiduciary, or
any other fiduciary, has settled an account under the provisions of
article four, chapter forty-four of this code, a suit to hold such
fiduciary or his sureties liable for any balance stated in such
account to be in his hands shall be brought within ten years after
the account has been confirmed. The right to recover money paid
under fraud or mistake shall be deemed to accrue, both at law and
in equity, at the time such fraud or mistake is discovered, or by the exercise of due diligence ought to have been discovered.
Note: WV Code updated with legislation passed through the 2012 1st Special Session