1. How do you know this was unfair? The brothers may have been given money in their lifetime, or be well-settled in life, in good jobs. Daughters, particularly single or widowed daughters are often singled out because they are less well off, especially if they have stayed behind to look after their parents. An executor has to obey the terms of a will. If they didn't it would call their role into serious doubt. However, with the agreement of all parties you can vary the terms of a will (Mum did that to give sib and me a bit more when dad died) I'm not sure when that was first allowed. There is nothing to prevent a beneficiary gifting part of their share to anyone they wish - if they receive it outright, without strings.
2. Courts are only interested in wills if they are going to make money. If someone's estate is below the threshhold of death taxes, there is no need for the will to go to probate. Executors may decline to act if there is a lot of work but little reward. A wife might simply have a couple of savings accounts and a few bits of jewellery and china, and it may have been easier just to let Dad sort it out.
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The chestnuts cast their flambeaux
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