John Lightfoot on Luke 12:13

[That he divide the inheritance with me.] I. In the titles of brethren this obtained amongst them, that as the eldest was called the firstborn so the younger was called simple, because without the title of firstborn. It seems to be only two brethren here betwixt whom the complaint is made, but which of them is the complainant it is not so easy to determine. You will say the younger most probably, because it is more likely that the firstborn should wrong the younger, than the younger the firstborn. And yet in that court of judicature which they called "the court of Thou draw and I'll draw," the younger might be troublesome to the firstborn as well as the firstborn to the younger. That matter was thus:

"When a father had bequeathed to his firstborn and younger son a servant and an unclean beast," which could not be parted in two, then saith the one to the other, "Do thou draw, or I'll draw"; that is, Do thou redeem thy share, or I will redeem mine. Now here the younger brother may be perverse, and as well hinder the redemption as the firstborn.

II. In the division of inheritances how many vexations and quarrels may arise, both reason and common experience do abundantly teach us. The Rabbins are very large upon this head; and suppose that great controversies may arise either from the testament of the father, or the nature of the inheritance, or the quality of the sons; as if the younger son be a disciple of the wise men, and the elder not; if the younger be made a proselyte, the elder a Gentile, &c. But in the instance now before us, the complaint or controversy is not about dividing but about not dividing; because the firstborn most probably would not gratify the younger in that thing.

The judges in that case was the bench of the Triumviri. These were the judges, in the controversy, and decreed concerning the right or equity of dividing: and either some were appointed by them, or some chosen by those between whom the cause depended, as arbiters in the case, and these were the dividers, those that took care as to the equality of the division. Now we cannot easily suppose what should move this man to appeal to our Saviour as judge in this matter, unless either himself or brother, or both, were of the number of his disciples.