Re Atley - [1986] 2 NZLR 385

Wills — Construction — Ademption — Testator and de facto wife owned property as tenants in common in equal shares — By will testator devised his "interest as tenant in common" to his de facto wife — After disharmony in the relationship, they entered into a deed under which testator purchased de facto wife's interest in the property — Part of transfer price was not paid — Testator died before transfer was registered — Whether devise lapsed, adeemed or otherwise failed — Whether de facto wife was entitled to retain the transfer price under the deed.