Montana Title 72. Estates, Trusts, and Fiduciary Relationships § 72-38-121. Resulting trust upon full performance of trust

When the owner of property gratuitously transfers it subject to a trust that is properly declared and that is fully performed without exhausting the trust estate, the trustee holds the surplus as a resulting trust for the transferor or the transferor's estate unless the transferor manifested in the trust instrument an intention that no resulting trust of the surplus should arise.