Ok, I went out to check the super of one of our hives. Here is the set up; Deep, deep, excluder, super. When I opened the top, the first two frames were capped honey. when I got to the third frame I found the most perfect brood pattern. same on four and five. :lol: Yup, during our last inspection we must have set deep #2 on top of the super so we could inspect deep #1 and the queen dropped in to the super. Anyway, I persuaded the queen to go back down in to the deep where she belonged and she seemed happy to do it. During the inception of the first deep I found three supersedure cells. I did not want to take the queen from that hive so I took just that one frame with the cells and set it aside in a 5 frame nuc. Now, at home I have a hive that I have been wanting to split up in to 2 or three nucs anyway so I took that one frame in with the cells on it home with me and gave them a few frames of honey a frame of brood and a bunch of nurse bees. I know that's not the traditional way of doing it but it achieved one of my goals of splitting my home hive up and letting them raise a new queen. Is there any reason that would come back to bite me?