Tosefta for Bava Batra 213:7

תנו רבנן שלשה שירדו לשום אחד אומר במנה ושנים אומרים במאתים אחד אומר במאתים ושנים אומרים במנה בטל יחיד במיעוטו

either in land or in money.<span class="x" onmousemove="('comment',' His brother cannot be compelled to give up a portion of his land. Since creditors must accept money, he has only himself to blame for having parted with his land, and can only expect to receive from his brother the kind of payment the latter would have made to the creditor. ');">13 R. Papa said: The law in all [the cases dealt with in] these traditions is that [a portion, or portions must be] relinquished.<span class="x" onmousemove="('comment',' The one in possession must give up a portion to him who has been deprived of his share, so that all their respective shares in the estate be equalized. The original division, however, is not entirely upset no new lot taking place and every one retaining a portion of what was originally allotted to him. ');">14

Tosefta Ketubot

Three people that came down to evaluate [the property of orphans in order to ascertain the financial support for the dead man's wife and children; see Rashbam on Bava Batra 107a:7:1]—one says "It's worth 100 zuz" and two say "200"; [or] one says "200" and two say "100", the lone voice is annulled in its minority [so in both cases the majority stands]. One says "It's worth 100 zuz", one says "80 zuz (= 20 selaim)", one says "120 zuz (= 30 selaim)"—it is evaluated at 100 zuz (the average of all 3). Rabbi Lazar bar Rabbi Tzadok says: They evaluate it at 90 zuz (= dinar) [we ignore the highest value and average the two lowest value, 80 and 100]. Others say: They do an evaluation between them (take the range, = 40 zuzim) and evaluate them as a third [so they take the lowest value, 80 zuz, and add the third of the range = 93 1/3 zuz].

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