A. No action shall be brought upon the bond of any fiduciary except within ten years next after the right to bring such action shall have first accrued.
B. When any fiduciary has settled an account under the provisions of Part A (§ 64.2-1200 et seq.) of Subtitle IV of Title 64.2, and whether or not he has given bond, a suit to surcharge or falsify such account, or 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.
C. In actions upon the bond of any personal representative of a decedent or fiduciary of a person under a disability against whom an execution has been obtained or where a court acting upon the account of such representative or committee shall order payment or delivery of estate in the hands of such committee and representative, the cause of action shall be deemed to accrue 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.
Code 1950, §§ 8-13, 8-15, 8-16; 1964, c. 219; 1966, c. 118; 1972, c. 825; 1977, c. 617.
Notes of Decisions
Sch. Bd. v. United States Gypsum Co., 360 S.E.2d 325 (Va. 1987).
· cites it 4× “01-247 ("No action shall be maintained on any contract which is governed by the law of another state or country if the right of action thereon is barred by the laws of such state or country or of this Commonwealth."); Code § 8.”
Thorsen v. Richmond Soc'y for the Prevention of Cruelty to Animals, 786 S.E.2d 453 (Va. 2016).
· cites it 2× “01-230 states that: In every action for which a limitation period is prescribed, the right of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the date the injury is sustained in the case of injury to the person or damage to property,…”
Keller v. Denny, 352 S.E.2d 327 (Va. 1987).
· cites it 2× “01-230, effective October 1, 1977, provides: In every action for which a limitation period is prescribed, the cause of action shall be deemed to accrue and the prescribed limitation period shall begin to *329 run from the date the injury is sustained in the case of injury to the…”
Andritz Sprout-Bauer, Inc. v. Beazer East, Inc., 174 F.R.D. 609 (M.D. Penn. 1997).
· cites it 2× “Va.Code § 8.01-245. 7 Section 8.01-250 deals with the limitations period for actions for damages arising out of defective or unsafe condition of improvements to real property.”
In Re Varona, 388 B.R. 705 (Bankr. E.D. Va. 2008).
“01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, *709 actions founded upon a contract, other than actions on a judgment or decree, shall be brought within the following number of years…”
First Funding Corp. v. Birge, 257 S.E.2d 861 (Va. 1979).
· cites it 2× “Code § 8.01-245 (B). Even considering the foregoing statutory scheme for the approval of a trustee’s account, we do not believe that Birge was precluded from asserting in a suit in equity the superiority of his lien under these circumstances.”
Harbour Gate Owners' Ass'n v. Berg, 348 S.E.2d 252 (Va. 1986).
“01-230, which provides: In every action for which a limitation period is prescribed, the cause of action shall be deemed to accrue and the prescribed limitation period shall begin to run from the date the injury is sustained in the case of injury to the person, when the breach…”
Koury v. Rossie, 33 Va. Cir. 460 (Richmond County Cir. Ct. 1994).
· cites it 6× “Defendant demurs to the amended bill on the ground that an attorney-in-fact has no duty to account to an administratrix of a deceased principal.”
In re Lewis, 517 B.R. 615 (Bankr. E.D. Va. 2014).
“01-243 regarding injuries to person and property and of § 8.01-245 regarding the application of limitations to fiduciaries, and their bonds, actions founded upon a contract, other than actions on a judgment or decree, shall be brought -within the following number of years next…”
— Va. Code Ann. § 8.01-245(8) — 1 case
— Va. Code Ann. § 8.01-245(A) — 2 cases
— Va. Code Ann. § 8.01-245(B) — 1 case
— Va. Code Ann. § 8.01-245(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.