Her grandmother, Una Mary, who also held the barony, had two sons. The eldest son, Peter, had predeceased her, but left two daughters.The barony thus went to one of the daughters, not to their uncle, Una Mary's second son (who, by the way, was also a Baron--three times over--and held the second-oldest barony, Mowbray, dating back to 1283 [and of course there is a dispute of which is really oldest, due to circumstances I will not detail], and he was thus called the "Premier Baron," with an asterisk next to his name on the official rolls, noting that the Premier Barony was actually held by Lady de Ros).These pages are a work in progress and I expect them to change in the future, although what I present today is as accurate as I can make it.
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It would be interesting to see whether her daughter Elizabeth inherited the title, for several reasons.
First, titles of people executed for treason were often extinguished before (or by) the execution even if the peer had heirs (see discussion of attainder).
A century later, the 5th Duke of Sutherland's only male heir was a distant cousin, but he had a niece, the only surviving child of his only brother.
Thus when the 5th Duke died in 1963, his niece inherited the Scottish peerage and titles (and all of his land), while the peerage of Great Britain (the dukedom) went to the heir male (and very little else).
Their son, known as Earl Gower before his father was created a duke, thus inherited the dukedom in 1833, but did not inherit the Earldom of Sutherland until his mother died in 1839.
Since the dukedom was created in the peerage of the United Kingdom in 1833, it was done by Letters Patent which specified the heirs male.
What happens is that the title "goes into abeyance" until the Queen (the Lord Chancellor) "terminates" the title in favor of one of them. There have been times when a title has gone into abeyance for a hundred years or more.
incumbent of the oldest barony of all, dating back to 1264.
The 1st Duke of Marlborough's eldest daughter, who inherited her father's peerage (via Parliamentary and royal warrant), was Duchess of Marlborough in her own right.
But before her father died, she was not Lady Henrietta "in her own right." She was Lady Henrietta by courtesy.
Interestingly enough, when a woman inherits a peerage which devolves upon the heirs general (as opposed to one created by letters patent with a special remedy to a [usually specific] woman), it is not because she is eldest.