Paper on the Mar peerage

on the death of John Francis Miller Erekine, Earl
of Mar and Kellie in 1866 ? was it Walter
Coningsby Erskine, his first cousin, who being his
heir male succeeded to the title of Earl of Kellie
in terms of the patent, and to the Mar estates in
terms of the eutail ? Or was it Mr John Francis
Goodeve, his nephew, who claimed the title as
nearest heir? There was no patent in existence to
settle the point as there was in the Kellie Earldom.
Lord Kellie argued that the Erskines, his ancestors,
were created Earls of Mar, and that as nothing was
left on record as to the descent of it the estab-
lished rule in such cases must be followed, ai d by
this rule it would come to him as heir male.
Mr Goodeve argued that Queen Mary had
restored the old title to the Erskines who were the
heirs to it, and who bad been unjustly deprived of
it at first, and kept out of it afterwards — that,
therefore, as it came to the Erskines through
female descent, it should come to him through his
descent from the sister of the late Earl.
I will give you a simple table of the relationship
of the two claimants, leaving out all names that do
not concern us.
Talk 1.
John Francis
(Restored Earl).
died 1825.
John Thomas,
died 1828.
John Francis Frances
Miller, Jemima,
died s. p. 1 866. married
Will. Jas. Goodeve
died 1842.
John Francis
< roodeve.
Henry David,
died 1848.
Walter Coningsby
died 1872.
Walter Henry
Erskine,
Earl "f Kellie.