J. YALC.
Preston, Lanc.
* * * * *
_Commoner marrying a Peeress_ (Vol. ii., p. 230.).--Your correspondent
L. R. N. inquires whether there is any decision subsequent to that in
the reign of Henry VIII. on the claim to the Taylboys barony, respecting
the right of a Commoner marrying a peeress to assume her title and
dignity, he having issue male by her. In reply I beg to inform him that
there appears to have been one on the claim of Richard Bertie, in 1580,
to the Barony of Willoughby, in right of his wife Catherine Duchess of
Suffolk, as tenant by the curtesy, which was rejected, and Peregrine
Bertie her son was admitted in the lifetime of his father. It seems,
however, from the want of modern instances, as also by the elevation of
ladies to the rank of peeresses, with remainders to their children, thus
enabling the issue to sit in the lifetime of the father, that the
prevailing notion is against curtesy in titles of honour. This subject
will be found treated at some length in Cruise's _Digest_, vol. iii. pp.
187, 188. 198. ed. 1818.