Title 53, Chapter 12, Section 20
( 53-12-20)
(a) An express trust shall be created or declared in writing. (b) An express trust shall have each of the following elements,
ascertainable with reasonable certainty: (1) An intention by a settlor to create a trust; (2) Trust property; (3) A beneficiary; (4) A trustee; and (5) Active duties imposed on the trustee, which duties may be
specified in the writing or implied by law. | 
