Section 43-10-1 - Conveyance of real property in trust for benefit of another vests no estate or interestin the trustee--Release of property to beneficiary.

43-10-1. Conveyance of real property in trust for benefit of another vests no estate or interest in the trustee--Release of property to beneficiary. Every disposition of real property whether by transfer or will must be made directly to the person in whom the right to the possession and profits is intended to be vested, and not to any other, to the use of or in trust for such person; and if made to any person, to the use of or in trust for another, no estate or interest vests in the trustee; but he must execute a release of the property to the beneficiary on demand, the latter paying the expense thereof.

Source: CivC 1877, § 277; CL 1887, § 2793; RCivC 1903, § 300; RC 1919, § 369; SDC 1939, § 59.0302.