Sir Thomas Kennedy, Claiming The Title Honour, and Dignity of Earl of Cassils v Earl of Ruglen and March Also Claimant: HL 26 Jan 1762

Prerage – Succession to.-
When the dignity of the Earldom of Cassils was first created, (1509), written patents of nobility were not introduced, containing special limitations of the descent. The Cassils’ family estates, according to the investiture, bore at this time to be in favour of heirs general, or heirs of line. Afterwards, and in the year 1671, resignation was made into the hands of the Crown, and a new charter procured, bearing to be in favour of heirs male, whom failing, to heirs female of his body ‘cum armis et dignitate familiae de Cassils.’-Held, 1 st, Where no express limitation, or descent of the grant appears, the dignity is always presumed to descend to the heir male. 2 d, That the resignation and new charter 1671 did not comprise, or extend to the honours, but only to the estate.

[1762] UKHL 2 – Paton – 55, (1762) 2 Paton 55


Updated: 11 January 2022; Ref: scu.560598