Section 43-10-4 - Creation of express trust in relation to real property.
43-10-4. Creation of express trust in relation to real property. No trust in relation to real property is valid unless created or declared:
(1) By a written instrument subscribed by the trustee or by his agent thereto authorized by writing;
(2) By the instrument under which the trustee claims the estate effected; or
(3) By operation of law.
Source: CivC 1877, § 279; CL 1887, § 2795; RCivC 1903, § 302; RC 1919, § 371; SDC 1939, § 59.0303.