On the death of her brother Philip in 1731, the family peerages, including Marquess and Duke of Wharton, became extinct.
In 1844, the extinct title Baron Wharton was claimed by Colonel Charles Kemeys-Tynte, formerly a member of parliament from 1820 to 1837.
The documents that had created that peerage in 1544 had been lost, so the House of Lords's Committee for Privileges ruled (erroneously) that the barony had been created by writ, meaning that it would descend to heirs general.
The House of Lords did not act upon the barony (which it now considered to be in abeyance) due to the Duke of Wharton's status as an outlaw, but in 1916 Colonel Kemeys-Tynte's great-great-grandson, also named Charles Kemeys-Tynte, succeeded in having the title called out of abeyance in his favour.
As the succession of the title between 1731 and 1916 is based on different rules than the (lost) ones actually implemented in 1544, he may be more properly considered the 1st Baron of a new creation given the precedence of 1544, but the so-called 7th Baroness is the only intervening person considered to have held the title at all.