52Effect of devise of real property without words of limitation

### 52 Effect of devise of real property without words of limitation > > (1)  A disposition of real property, in a will, to a person without words of limitation is to be construed as passing the whole estate or interest of the testator in that property to that person. > > > (2)  Where – > > > > > > (a) any real estate is devised to a trustee, without any express limitation of the estate to be taken by the trustee; and > > > > > > > (b) the beneficial interest in that real estate, or in the surplus rents and profits of that real estate, is not given to a person for life, or that beneficial interest is given to a person for life, but the purposes of the trust may continue beyond the life of that person – > > > > that devise is to be construed to vest in that trustee the whole legal estate (whether the fee simple or any other estate) which the testator had power to dispose of by will in that real estate, and not an estate determinable when the purposes of the trust are satisfied.