§ 917 — Surety not required on bond of trust company or national bank; liability and lien upon real estate

(a) (1) Whenever a trust company is appointed to an office of trust or to act in a fiduciary capacity, no surety need be required, in the discretion of the appointing court, judge or officer, on any bond given by it for the faithful performance of its duties, by reason of such appointment, unless otherwise stipulated in the will or other instrument making the appointment, or unless required in or by an order or decree of court having jurisdiction in the premises; but all of the capital stock, surplus and property owned by the trust company shall be specially and primarily liable for the obligation of the trust company while acting in such trust or fiduciary capacity.

(2) All liabilities and obligations, arising from or growing out of any such trusts, shall be liens upon its real estate prior and paramount to any other lien or encumbrance the trust company may create or suffer respecting the same.

(b) In case any national bank located in this State shall be appointed trustee, executor or administrator, it need not be required, in the discretion of the appointing person, corporation, court, judge, officer, or authority, to give security on any bonds, which it may by law be compelled to give by reason of such appointment.

Legislative History

22 Del. Laws, c. 388, § 2 ; Code 1915, §§ 635, 641, 2911, 3872; 37 Del. Laws, c. 52, § 2 ; 29 Del. Laws, c. 118, § 2 ; 38 Del. Laws, c. 94, § 24 ; Code 1935, §§ 525, 2369, 2393, 3416, 4398; 5 Del. C. 1953, § 917