Trustees under an unlimited devise etc to take the fee
30 Trustees under an unlimited devise etc to take the fee
If real property is devised to a trustee without an express limitation of the estate to be taken by the trustee and the beneficial interest in the real property, or in the surplus rents and profits of the real property—
is not given to any person for life; or
is given to some person for life but the purposes of the trust may continue beyond the life of that person;
the devise shall be construed as vesting the real property in the trustee in fee simple or as vesting the legal estate in the real property that the testator had power to dispose of by will, as the case may be, and not as vesting an estate determinable when the purposes of the trust are satisfied.
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