[laynerd]

A preceding clause of a Virginia last will and testament states that all estate assets are to be divided equally among 4 heirs. Can you interpret a subsequent clause within that same will that reads as follows:

"If in the division of my estate amoung the beneficiaries thereof develops a dispute amoung any of them as to the manner of such division, then my executor/executrix shall make the final determination concerning the manner of such division so as to render the same fair and equitable."

I am asking this question because the executor of my mother-in-laws estate believes he can distribute more land/acres and other assets to a younger brother that is an heir (1 of 4 heirs). I estimate that the executor wants to distribute assets valued at about $500,000 more than he would distribute to my wife. The executor, my wife's older brother, is also an heir.

[ScottGem]

The executor has the right to determine what assets are distributed to whom. But that doesn't mean he can favor anyone beneficiary. The assets still need to be distributed equally.

But lets say one heir would prefer land, and another cash. The executor could determine what assets each gets, as long as distribution is roughly equal.