§36-1-4. Creation of trusts in lands; necessity of writing.
No declaration of trust of land shall be enforceable, unless it be made in writing, signed by the person who declares such trust or by his agent. If a conveyance of land, not fraudulent, is made to one in trust either for the grantor or a third person, such trust may be enforced, though it be not disclosed on the face of the conveyance, nor evidenced by a writing:
Provided, however, That trusts arising by construction or operation of law shall not be subject to the provisions of this section.