§ 61-406 — Obligation to pay money

Delaware § 61-406

• Jurisdiction: Delaware
• Title: 12
• Part: Allocation of Principal and Income
• Ch. 61: DELAWARE UNIFORM PRINCIPAL AND INCOME ACT
• Subch.: Allocation of Receipts During Administration of Trust

Text

(a) An amount received as interest, whether determined at a fixed, variable, or floating rate, on an obligation to pay money to the trustee, including an amount received as consideration for prepaying principal, must be allocated to income without any provision for amortization of premium.

(b) A trustee shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the trustee more than 1 year after it is purchased or acquired by the trustee, including an obligation whose purchase price or value when it is acquired is less than its value at maturity. If the obligation matures within 1 year after it is purchased or acquired by the trustee, an amount received in excess of its purchase price or its value when acquired by the trust must be allocated to income.

(c) This section does not apply to an obligation to which § 61-409, § 61-410, § 61-411, § 61-412, § 61-414 or § 61-415 of this title applies.

Legislative History

77 Del. Laws, c. 99, § 1