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PART II
Devolution Of Real Estate On Death
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Devolution of real estate on death.
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6.—(1) (a) Subject to the provisions of this Part of this Act, real estate to which a deceased person was entitled for an estate or interest not ceasing on his death shall on his death, notwithstanding any testamentary disposition, devolve on and become vested in his personal representatives from time to time as if it were a chattel real vesting in them.
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(b) For the purposes of paragraph (a) of this subsection—
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(i) an estate or interest in real estate which passes under any gift contained in the will of a deceased person which operates as an appointment under a general power to appoint by will shall be deemed to be an estate or interest not ceasing on his death to which he was entitled,
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(ii) an estate or interest in real estate of a deceased person under an estate tail shall be deemed to be an estate or interest ceasing on his death, but any further estate or interest of the deceased in remainder or reversion in that real estate which is capable of being disposed of by his will shall be deemed to be an estate or interest not so ceasing,
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(iii) an estate or interest of a deceased person under a joint tenancy where any tenant survives the deceased shall be deemed to be an estate or interest ceasing on his death,
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(iv) on the death of a corporator sole his estate or interest in the corporation's real estate shall be deemed to be an estate or interest ceasing on his death.
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(2) References in the subsequent sections of this Part of this Act to the real estate of a deceased person shall be construed as references to the real estate of the deceased which devolves on his personal representatives by virtue of subsection (1) of this section.
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