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 TRUST CODE GENERAL PROVISIONS (Repealed) Part 2. Creation and Validity of Trusts Resulting and Constructive Trusts (Repealed)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

Repealed

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

Opinions construing this section

8 opinions
2016 MT 61 Mar 8, 2016 Reversed
Volk v. Goeser
Majority by Michael E Wheat · 4 to 1 with 4 concurring
round that the person holding title would be unjustly enriched if he were permitted to retain it.” N. Cheyenne Tribe, ¶ 30 (citing McDermott, ¶ 25 (quoting § 72-33-219, MCA)). In this instance, the elements of unjust enrichment have been met and we conclude that Valerie has been unjustly enriched. In turn, in order to work an equi
2013 MT 290N Oct 9, 2013 Opinion issued in a DA case, outcome unknown
Estate of Beals
Majority by Beth Baker · 5 to 0
of proving clear error in the District Court’s findings. ¶11 Finally, Bob challenges the imposition of a constructive trust. The District Court relied on § 72-33-219, MCA, in conjunction with our ruling in McDermott, ¶¶ 25-26, for the proposition that imposing such a trust no longer requires a showing of fraud or other wrongfu
2013 MT 24 Feb 5, 2013 Affirmed in part, reversed in part
Northern Cheyenne Tribe vs. Roman Catholic Church
Majority by Brian Morris · 5 to 0
ection 7233-219, MCA). Title 72, Chapter 33 broadly defines property to include “anything that may be the subject of ownership.” Section 72-33-108(3), MCA. Section 72-33-219, MCA, makes no mention of a requirement of wrongdoing by the defendant in order to impose a constructive trust. The legislature’s enactment of the Trust Code in 1
2009 MT 188 May 27, 2009 Affirmed
LeFeber v. Johnson
Majority by Brian Morris · 5 to 0
m deed for the St. Joseph property because she believed that LeFeber had gifted her the property. LeFeber filed a petition for a constructive trust pursuant to § 72-33-219, MCA. LeFeber requested that the court declare a constructive trust in favor of LeFeber and order Johnson to convey the St. Joseph property to LeFeber. 6 Johns
2009 MT 137 Apr 21, 2009 Affirmed
Monroe v. Marsden
Majority by Mike McGrath · 5 to 0
ject to an equitable duty to convey it to another on the ground that the person holding title would be unjustly enriched if he were permitted to retain it.” Section 72-33-219, MCA; Estate of Bradshaw, ¶ 36. A constructive trust may be imposed with or without proof of fraud or other wrongful acts. In the Matter of the Estate of McDermott
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