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"Overturning" a peer (for lack of a better term)



16 May 2006 11:59:04 -0700 alt.talk.royalty
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bxzi...
The Leinster situation started me thinking: How many times previously
(and under what circumstances) has a peer (one acutally holding the
title) been displaced/replaced (or however you want to call it) by
someone who is proven to be the "rightful" peer?

Gillian White...
The Earldom of Mar comes to mind as an approximate match. It has had a very
complicated history, and its own piece of legislation - the Earldom of Mar
Restitution Act.

To cut a long story short, the problems arose because it was not clear if
Queen Mary's granting of the title in 1565 was a completely new creation or
merely a restoration to the rightful owner. If taken as a new creation, it
was remaindered to the heirs male, but if taken as a restoration, it was
remaindered to the heirs general, thus producing two possible claimants.

The solution was to allow both arguments to prevail - the ancient title was
considered restored, and the new title was recognised as a valid but
separate creation.

Thus, we currently have a peeress in her own right known as the 30th
Countess of Mar, who is the holder of the ancient dignity, and a peer in his
own right known as both the 14th Earl of Mar and 16th Earl of Kellie, who is
the holder of the newer title of the same name.


Brooke
bxzi@yahoo.com
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