338 KELLIE. when the Baronetcy [Sj became e.r.linet, while the Barony of Er.skine of Dirletoun,( a ) the Viscmmtcy of Fcntoun and the E uldom oi Kellio [S.] devolved on the collateral heir male of the grantee ;s below. XI. 1S29? 11. John Francis Miller (Erskine), Earl of Mar, BaSZ of Kem.IK, VlSCO'.TtT Fkntoun. &e. [Siji 0OHMB .mil h. male(j, bring s. and h. of John Thomas, Emu. <W Mar (d. 1S2S), s and h. of John Francis, Earl ok Mar (tl. 1S25, aged 84, having been, in 1821, restored to that, dignity as grandson anil heir [thro' Frances, his mother] to John, Bam, of Mar, who was attainted in 1710), which said John Francis was s. and h. of James Euskinf. (by Frances his wife, nbovciuimed), s. and tt. of the Hon. James ElishClNK (a Lord of Session, who d. 1754), 2,1 „. ,,f Charles, E.utl. or Mar (A 1630), s. and h. of John, Fari, o» Mar (d. 1605), ». and h. of John, Eabi. of Mar (Jf, 1854), s. and b. of John. Earl of Mar (4 1684), only a. and h. of John, EaHL of Mar (to whom that dignity was restored in 1565), which John, was eldest hr. to Sir Alexander Erskine of Goger, the Father of Thomas. 1st E.uiL OF Ke.'.uk and Viscoint FkNTOF.v, as abovestated. lie was b. 28 l)ee. 4 795 ; sue. to the Karldom of .Mar [S.] on the death of bis father, 20 Sep. 1S2S, and to the Earldom of Kellie and I'iscnuntci/ of Fcntoun [8.] on the, death of his distant cousin, in 1828 or 1829, as above-incntionedC-'). He<i. s.p. 19 June ISGfi. See fuller account of him under Mar," Karldom [S.] XII. 18GG. 1,1. Walter Cokikosdt (Erskine), Earl of Kellie, and Viscount Fkntoix and de fVfw^) EARL OF MAIi [S.], cousin and h. male,(«) being 3d but 1st surv. s. of the Hon. Henry David Euskink. Viy Mary Anne, da. of John CoOKSKY, which Henry EYancu) was yr. br. to John Thomas, EaRI. of Mar, father of John Francis Miller, the lato Earl of Mar and Earl ok Kei.uk [S.]. He was b. 12 July 1S10 at YV'.nkworth, Co. Northumberland; entereil the Bengal Army 1826, becoming finally Lieut. Col. ; served in aud had medal for the Sutlej Campaign ; was Commissioner of Jnbbulpore during the Indian Mutiny, and was thanked by Pari, for his services; C.B. 1 SCO ; sue. to the Bartdm of Kellie, etc. [S.] 19 June 18(36, aud in 18U7 claimed the Karldom of Mar [S.]. He was a lXV. PBBB [S.] 1869-72. He m. 11 Sep. 1S34, Elise, da. of Col. (— ) V'OOKOSOSf, of Bowscar, co. Cumberland. He d. 1,0 Jan. 1872 ftt Cannes, in France, aged til. His widow living 1891. XIII. 1872. IS. Walter Henry (Erskine), Earl of Kellie ami Vis"oi;nt FektoDS and de jure('i) Eahi. of Mar fS ], s. and b., 4. 17 Dec. 1839 in India; ed. at Radley School and at Bra seuose Coll., Oxford ; mat. 31 March 185b; 15. A. 18f>2 ; M.A. 1800; Capt. Highland Borderers Militia ; sfjrled Viscount Fk.vtoc.v, 1866-72; sue to the. peerage fS.] 15 Jan. 1672; Judgment, 25 Feb. 1875( r ), was given by the House of Lords in favour of his (aud his father's) (*) See vol. iii, p. 270, note u d" as to the creation of this barony in 1604: there is, apparently, no very valid reason to suppose it was one granted to heirs male general. The heirs male of the body tit the grantee were extinct in 1829. C") The extinction of many male branches that were nearer to the first Earl of Kellie seemR to have been taken as proved on very slender evidence ; more especially that of the issue of Sir James Erskine of Tullibody (a jr. br. of the said Earl) who d. in Ireland in 1630, leaving several sons. See " Jtiddr.lL" ( c ) Decision in favour of Ids right to be " Earl of Kellie, discount Fenton, and Lord Dirlton " was given 3 Sep. 1835, in answer to his petition of the 23rd of March 1830. ( a ) i.e., of that (particular) Earldom of Mar, which, according to the decision of the House of Lords 25 Feb. 1S75, is supposed to have been er. (de novo") by patent in 1505. (•) The heir general of the Into Karl of Mar and Kellie was his nephew (the s. and h. of his sister, Lady Frances Jemima GoODKVe) John Francis Erskine GoolJEVE (afterwards Goodkvu-Erskine), whose succession to the ancient [i.e., that existing bejorc 1409] Earldom of Mar [S.] was declared by Act of Pari, in i885, so as to remove any doubts lest at any time that dignity had been " surrendered or merged in the Crown.' O This extraordinary decision commended itself so little to the public in general (more especially to the legal world, and to those best conversant with Scotch Peerage law) that their lordships may be said to have (practically) reversed it ten years later, when in 1S85 they passed the Act confirming the (ancient) Earldom to the heir general
