State ex rel. Clark v. McClelland

Citations

• 35 Ohio C.C. Dec. 422
• 30 Ohio C.A. 522

Syllabus

<p>GUARDIAN AND WARD — LIMITATIONS</p> <p>1. Citation against Sureties; Lies on Application of Wards Without Determination of Amount of Guardian's Default.</p> <p>When a guardian has failed for a long period to file an account showing the condition of his trust, and his wards are without knowledge as to the amount of money which has passed through his hands, and a summons issued for him at their instance on a citation to file an account is returned “not found,” application lies by the wards to the probate court for a citation against the sureties on the bond of the guardian as a preliminary step to enforce an accounting as to the amount of his default.</p> <p>2. Running of Ten Years Limitations on Bonds of Guardians.</p> <p>The ten years statute of limitations on the bringing of suits on the bonds of guardians does not begin to run until the right of action accrues — that is from the filing of the final account, or an ascertainment as to the amount unaccounted for by the guardian.</p>