Delaware Code Title 5 Sec. 916 – Preference of funds held on deposit
Whenever any bank or trust company holds on deposit funds as a part of its deposit liabilities for the account of an estate for which it is acting as executor, administrator, guardian, trustee or in any other fiduciary capacity, the liability of such institution to the estate entitled to the funds shall be at all times a preferred claim superior to all unsecured claims of other creditors, including depositors of the institution. This section shall not be construed to subordinate the security of any secured creditor of any such institution to the preference hereby accorded to the deposits of any estate.
32 Del. Laws, c. 103, § ?23; 38 Del. Laws, c. 93, § ?1(8); 38 Del. Laws, c. 94, § ?23; Code 1935, §§ ?2311, 2392; 45 Del. Laws, c. 161, § ?1; 45 Del. Laws, c. 164, § ?1; 5 Del. C. 1953, § ?916; 61 Del. Laws, c. 491, § ?1;
Terms Used In Delaware Code Title 5 Sec. 916
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Trustee: A person or institution holding and administering property in trust.
