Devise to trustee passes whole of estate when purposes of trust satisfied
29Where real property is devised to a trustee without express limitation of the estate to be taken by him and the beneficial interest in the real property or in the surplus rents and profits
(a)
is not given to a person for life, or
(b)
is given to a person for life but the purpose of the trust may continue beyond his life,
the devise vests in the trustee the fee simple or the whole of any other legal estate that the testator had power to dispose of by will in the real property and not an estate determinable when the purposes of the trust are satisfied.