91-9-1 - Creation of trusts and confidences.
§ 91-9-1. Creation of trusts and confidences.
Hereafter all declarations or creations of trusts or confidence of or in any land shall be made and manifested by writing, signed by the party who declares or creates such trust, or by his last will, in writing; or else they shall be utterly void. Every writing declaring or creating a trust shall be acknowledged or proved as other writings. It, or a certificate of the trust in accordance with Section 91-9-7, shall be lodged with the clerk of the chancery court of the proper county to be recorded, and the trust shall only take effect from the time it or its certificate is so lodged for record. Where any trust shall arise or result, by implication of law, out of a conveyance of land, such trust or confidence shall be of the like force and effect the same as it would have been if this statute had not been passed.
Sources: Codes, 1857, ch. 44, art. 5; 1871, § 2896; 1880, § 1296; 1892, § 4230; 1906, § 4780; Hemingway's 1917, § 3124; 1930, § 3348; 1942, § 269; Laws, 1993, ch. 507, § 2, eff from and after July 1, 1993.