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.
Mont. Code Ann. § 72-38-121
Resulting trust upon full performance of trust
Known as the Montana Uniform Trust Code
The act spans §§ 72-38-1001 to 72-38-906 (139 sections).
En
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.