Table of Contents TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS CHAPTER 33. TRUST CODE GENERAL PROVISIONS (Repealed) Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)
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Mont. Code Ann. § 72-33-219

(2025)

Repealed

Sec. 162, Ch. 264, L. 2013 (SB 251 - Wittich, Art (R) SD 35)

Opinions construing this section

8 opinions
2009 MT 106N Apr 1, 2009 Affirmed
Russell Morrison v. Allen & Marie Morrison
Majority by Patricia Cotter · 5 to 0
ury verdict in the Third Judicial District Court, Granite County, finding a constructive trust in favor of her son, Appellee Russell Morrison (Russell). Under § 72-33-219, MCA, “[a] constructive trust arises when a person holding title to property is subject to an equitable duty to convey it to another on the ground that the person
2008 MT 170N May 13, 2008 Affirmed
Robertson, et al. v. Binder
Majority by W. William Leaphart · 5 to 0
quitable duty to convey it to another” because “the person holding title would be unjustly enriched” if the person were permitted to retain the property. Section 72-33-219, MCA. ¶6 Binder asserts that the District Court erred in creating a constructive trust for her sisters. Binder asserts that, to create a constructive trust, the
2007 MT 263 Oct 22, 2007 Unknown opinion
Phelps v. Frampton
Majority by James C. Nelson · 5 to 0
impose a constructive trust on property must . . . prove that the title holder would be unjustly enriched if they were permitted to retain title.”); see also § 72-33-219, MCA (“A constructive trust arises when a person holding title to property is subject to an equitable duty to convey it to another on the ground that the person h
Official Annotations archive.org, 2025 edition
History:
En. Sec. 22, Ch. 685, L. 1989
Amd. Sec. 2479, Ch. 56, L. 2009 (HB 37 - Campbell, Margarett (D) HD 31)
Source text on leg.mt.gov