Creation of express trust--Words or acts of trustor
Applied in 3 court decisions — leading case Production Credit Ass'n of the Midlands v. Wynne (1991)
Most recently applied in In Re Elizabeth A. Briggs Revocable Living Trust (June 2017)
Source: SDC 1939, § 59.0105; SL 2017, ch 204, § 5.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
An express trust is created as to the trustor and beneficiary by any words or acts of the trustor indicating with reasonable certainty:
(1) An intention on the part of the trustor to create a trust; and
(2) The subject, purpose, and beneficiary of the trust.
Any express trust that concerns real property shall also be evidenced in writing.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.