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.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 2. Limitation of Actions and Suits
§55-2-1. Entry Upon or Recovery of Lands
§55-2-2. Claim Not to Preserve Right as to Lands
§55-2-3. Entry Upon or Recovery of Lands by Persons Under Disability
§55-2-4. Limitations Upon §55-2-3
§55-2-6. Actions to Recover on Award or Contract Other Than Judgment or Recognizance
§55-2-7. Actions on Bonds of Personal Representatives and Fiduciaries
§55-2-8. Acknowledgment by New Promise
§55-2-9. Effect of Acknowledgment by Personal Representative or Joint Contractor
§55-2-10. Effect of Devise for Payment of Debts
§55-2-11. Action or Scire Facias on Recognizance
§55-2-12. Personal Actions Not Otherwise Provided For
§55-2-13. Foreign Judgments and Decrees
§55-2-14. Suit to Repeal Land Grant
§55-2-15. Special and General Savings as to Persons Under Disability
§55-2-16. Death Before Right to Sue
§55-2-17. When Suit Prevented by Defendant; Actions on Foreign Contracts
§55-2-19. Application of Statute of Limitation to State
§55-2-19a. Collection of Taxes Due State or Any Subdivision Thereof
§55-2-21. Statutes of Limitation Tolled on Claims Assertible in Civil Actions When Actions Commence