14 GARDNER — GARIOCH. III. 1815, 3. Alan Legge (Gardner), Baron Gardner op to TJttoxe'i i:k [I. and U.K.], and a Baronet [1S06], only s. and h., by 1883. second wife, b. 29 Jan. 1810, at Blackheath, Kent, and sue. to the peerage, 22 Dee. 1S15. His right to the peerage was declared good by the House of Lords in 182S.( 3 ) He was a Lord in Waiting, 1837- 41. He in, firstly, 1 Dec. 1835, Frances Margaret, da. of William Lewis (Hroints), 1st Baron Dinorben, by his first wife, Charlotte Margaret, da. of Ralph William Gbey. She, who was 6. 12 Oct. 1814, tf. s.p. 8 Dec. 1S47. Will pr. April 1848. Ha m. secondly, in 1S48, Julia Sarah Hayfield, da. of Edward F. T. Fortkscue. He d. s.p.m , 2 Nov. 1883, in his 74th year, at 46 Dover street, Midx. Will pr. above £155,000. His widow living 1890.
[Since 1883 the title has remained dormant tho' an heir( b ) obviously exists to the same.] Family estates.— These, in 18S3, appear to have been under 2,000 acres. GARIOCH, or GARVYACH. Earldom [S.] J. David of Scotland, br. of King "William tiie I 1180? I-* 10 * [S ], having obtained from that Monarch soon after his Tetvirn from his imprisonment (1174) in England the district of Garioch, or Garvyach, in Aberdeenshire( c ) became EARL OF GARIOCH [S.] He appears also in like way to have become Earl of Lennox [S.] In 1184 he received, by the resignation of his Mid br., an English Earldom, becoming (thus) Earl of Huntingdon and Camuridcie. He d. 17 June 1219. II. 1219, 2. John ("Le Scot"), Earl of Huntingdon, to &c, also Earl of Garioch [S.], who subsequently (1232) 1237. became jure malris Earl of Chester, 3d but 1st surv. s. and h. He d. s.p. 7 June 1237, when the Earldom of GarioeJi "reverted to the Croini [S.], who eventually granted, that district, at a. Lordship, Earls of Mir " [S.] / — o 33 Q See " MAR AND GARVYACH," Earldom [S.] (S/mart), a: 148G ; ex. 1503. [The style of "Lord Garioch "( d ) has frequently been used by the Earls of Mar [S.], but it does not appear that any Parliamentary Barony of that name was ever vested in them, tho,' as above stated, they had received the Lordship of Garioch from the Crown.] ( a ) This was in consequence of the claim of a son of Maria Elizabeth, the first wife of Alan, afterwards the second Lord, which son (4. 8 Dec. 1802), was bap. as Henry Fenton Gardner. The question was decided against this claim on ground of illegitimacy, Mr. Gardner having been out of England (when hia wife remained), from 30 Jan. to 10 July of that year, and it being impossible that the birth could arise from a connection after the last date (within 5 months), or before the former (above 44 weeks), the ultimum tempus pariendi being within 40 weeks. See fuller account of this matter in Le Marchimt's " Claim to the Barony of Gardner," 8vo., 1828. ( b ) Alan Hyde Gardner, b. 1 July 1836, is apparently the heir male, he being s. and h. of Stewart William Gardner, by Jane (paid to have been m. in India, 28 Aug. 1834), da. of Alan Gardner, which Stewart W. Gardner (4. 18 July 1812; d. 20 July 1882), was 2d but 1st surv. s. of Rear Admiral the Hon. Francis Farington Gardner (4. 21 June 1772 ; d. 8 July 1821), the 2d son of the 1st Baron. (e) Skene's " Celtic Scotland" (1880), vol. iii, pp. 69-70. ( a ) The following remarks are by the late Lyon King of Arms (G. Burnett) in a letter (4 Nov. 1885) addressed to the Editor of this work. " ,4s to the Garioch dignity it is remarkable how often the successive Earls and Countesses of Mar (Margaret and Isabel, Alex. Stewart, Robert Erskine), are called Earls of Garioch. The charter of Garioch to Thomas, Earl of Mar, is (or was in 1764) in the Mar charter chest. Lord Crawford surmised that it conveyed Garioch as an Earldom, and, therefore, that the
