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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...
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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...
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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.
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Brooke
bxzi@yahoo.com
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