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A more sensible suggestion is that, assuming Magnuss right to Caithness was inherited from his mother, she was related to the last Earl John, who died in 1232, and whose rights would have been divided between his two heiresses.] .
Balfour Pauls Scots Peerage states that William King of Scotland granted lands of "Purin, Ogguluin and Kinminethen" [Powrie, Ogilvie and Kilmundie] all in Forfarshire to "Gilbert son of the Earl of Angus" by charter dated to [1172/77], and that "from him are descended the Ogilvies of that Ilk, Airlie with its cadets, and Inverquharity" ([1175/85]-1239).
According to the Complete Peerage, "Magnus Jarl of Orkney and Earl of Caithness is stated to have been the son of Gillbride Earl of Angus by his second wife sister of Harald Ugni, to whom Magnus, though an infant, was apparently recognised as successor in his half of the Earldom".
It does not cite the source on which this statement is based and, as discussed further above under the possible second wife of Earl Gilbride, the hypothesis appears to be entirely speculative.
It is assumed therefore that Earl Malcolm resigned Caithness, or his claims thereto, in favour of Magnus.
The Complete Peerage says that "it seemsquite probable that [Magnus] was the same person as Malcolm Earl of Angus, son of Duncan, son of Gilchrist, son of Gillbride[who] is named as Earl of Angus and Caithness in 1232 [see above]", although conceding that "the whole matter is, however, very obscure".There appears to be no surviving contemporary evidence concerning the grant of the earldom.However, Balfour Paul refers to a charter "noted in an old Inventory of Oliphant writs, made about 1594, and preserved in the General Register House" which states that King Alexander II granted "the erledom of South Kaythnes" to "Magnus sone to Gylcryst sum tyme erle of Angus".The inventory note does not date the charter in question.However, the grant, if the report is accurate, must have taken place after 1231, the date of the death of Earl John, last of the previous lines of earls of Orkney and Caithness.