I agree that the heirship to the peerage reverts to the present Duke's
brother Lord Kimble Montagu. Until such time (if ever) the duke's
present & 3rd marriage produces a legitimate heir.
The High Court has no jurisdiction with regard to succession to
peerages. That is a matter for the House of Lords' Committee for
Privileges and Conduct. The High Court has ruled on the childrens'
rights to enjoy an income and rights of inheritance to the estate, it
cannot pronounce on the son's right to succeed to the title, an
'incorporeal hereditament'.
As to 'updated' peerage law, I fear we will have a long wait for that.
There's no appetite to use Parliamentary time to introduce a Bill to
'tidy up' the law as it now stands with regards to peerage. Any such
government, Tory or Labour, attempting to do that would be criticised
for diverting precious Parliamentary time away from primary
legislation, simply to attend to something which affects a tiny,
priviledged (as many see them) few. [I'm not expressing any personal
view, simply saying what I think is the position with regard to this.]
On Jul 22, 8:15 am, Michael Rhodes <
mig73allenford2...@yahoo.co.uk>
wrote: