72-33-217. Resulting trust upon full performance of trust. When the owner of property gratuitously transfers it subject to a trust that is properly declared and that is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor's estate unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.

     History: En. Sec. 20, Ch. 685, L. 1989; amd. Sec. 2478, Ch. 56, L. 2009.