However, the Earl of Kellie submitted a petition to the House of Lords asking that the Earldom of Mar be declared his, dying before it could be considered. His son, the 13th Earl of Kellie, renewed the petition, and the Lords decided the matter in 1875, determining that the Earldom of Mar properly belonged to the Earl of Kellie. However, due to a sentiment that the Lords had decided wrongly, the "Earldom of Mar Restitution Act" was passed. That Act declared that there were "two" Earldoms of Mar — one that would belong to the Earl of Kellie, and another that would belong to John Goodeve Erskine.