Earl of Buchan of his wife. In 1617 they were created by Royal charter Earl and Countess of Buchan, with remainder to the heirs male of the marriage, whom failing, to the legitimate and nearest heirs-male and assignees of the Earl. In 1633 the precedence of the earldom was established by Act of Parliament as 1469. This line of the family failed on the death of their grandson, the eighth Earl, who died unmarried in 1695. The title passed by the terms of the 1617 charter to the heirs male of the 6th Earl i.e. to the heirs male of his younger brother
Gerald FitzGerald, 5th Earl of Kildare him the title should have passed to his brother John, de jure 6th Earl, although his son-in-law, the Earl of Ormonde, also claimed the title in right of his wife, Elizabeth. The dispute was finlly resolved in favour of John's son Thomas FitzGerald, 7th Earl of Kildare. Gerald FitzGerald, 5th Earl of Kildare Gerald FitzMaurice FitzGerald, 5th Earl of Kildare (d. before 24 June 1428) was an Irish peer. Kildare was the son of Maurice FitzGerald, 4th Earl of Kildare and Elizabeth Burghersh. Kildare served as Justiciar of Ireland in 1405. In 1407 he defeated the O'Carrol clan at Kilkenny.