55-1-4. Creation of express trust--Words or acts of trustor. An express trust is created as to the trustor and beneficiary by any words or acts of the trustor indicating with reasonable certainty:
(1) An intention on the part of the trustor to create a trust; and
(2) The subject, purpose, and beneficiary of the trust.
Any express trust that concerns real property shall also be evidenced in writing.
Source: SDC 1939, § 59.0105; SL 2017, ch 204, § 5.