72-33-217. Resulting trust upon full performance of trust. Where the owner of property gratuitously transfers it subject to a trust which is properly declared and which is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or his 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.