The court found insufficient evidence that the deceased had distributed all his properties according to his wishes, as claimed by the Petitioners. The only credible evidence of lifetime allocation concerned specific properties and beneficiaries, not the entire estate. The court held that, in the absence of a surviving spouse and with multiple surviving children, section 38 of the Law of Succession Act requires equal distribution among all children, subject to any proven lifetime gifts. The court also recognized the need to consider both the quantity and quality of the properties to ensure fairness. As a result, the court ordered equal division of the Muumandu and Kalembwani properties among the eligible beneficiaries, with adjustments for prior gifts and provision for survey and sub-division costs. The court further ordered the survivors to file affidavits listing all beneficiaries for final confirmation.