In a message dated 1/29/04 8:46:00 AM Pacific Standard Time, [log in to unmask] writes: Well, in this case, the younger children, could legally get shafted. The will stands so that the older children get to divide up the first 150 acres between them as the will states. The remaining 150 acres are divided according the rules of intestacy so that the 150 acres is divided equally amongst the 6 children. However, one of those younger children might challenge that will and if they are successful, the will would be declared invalid and ignored and the laws of intestacy would apply so that all 6 children share equally in the division of 300 acres. In a case I am familiar with, that of Francis Spencer, the following occurred. Francis wrote a will in about 1716 leaving all his property to his guardian, Daniel McCarty. This will was presented for probate when Francis died in 1720 in Westmoreland Co. However between the date he signed his will and the date of his death he married and had a son, William Spencer. In this case the mother, who as a widow had standing before the court petition to have the will set aside. This was done and son William inherited his father's estate. However the will is still of record in Westmoreland County. The challenge is recorded in the court minute/order books. Margaret R. Amundson, CGsm is a service mark of the Board for Certification of Genealogists, used under license by Board-certified associates after periodic proficiency evaluations. To subscribe, change options, or unsubscribe please see the instructions at http://listlva.lib.va.us/archives/va-roots.html