earmark doctrine

earmark doctrine
The doctrine, now obsolete, that where a trustee or other fiduciary dies, the owner of money which has been entrusted to the decedent shares as a general creditor in the assets of the decedent's estate, unless the money so held had an "earmark" and was thus distinguishable from the mass of the decedent's own property. Such doctrine appears to have given way to the modern principle that the owner can recover the money or its equivalent whenever it can be traced to the estate, no matter what form it may take. First Nat. Bank v Hummell, 14 Colo 259, 23 P 986.

Ballentine's law dictionary. . 1998.

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