Rogers v. Taintor

Headnote 1 needs no elaboration.

It is contended by the plaintiff in error that the provisions of Code § 49-235 give him, as an heir of the deceased ward and therefore a “person interested” a right to bring a direct action against the defendant guardian and his surety on the guardian’s bond to recover the money alleged to have been misappropriated *56by such guardian without regard to the fact that the ward is dead and the plaintiff is not the administrator of the ward’s estate. This contention is without merit, for the reason that the purpose of Code § 49-235 was not to create a right of action…