Sir John Bernard Burke believed the original letters patent stated that on the failure of the 1st Lord's line, the title should pass to his brother and his heirs.

During the Popish Plot, the 3rd Lord Aston was sent to the Tower of London, but in due course was released without standing trial.

Elton served as Sheriff of Herefordshire in 1618, and was a graduate of Brasenose College, Oxford, which his ancestors had founded.

Burke states the title passed to Philip Aston, the great-great-grandson of the 1st Lord's brother.

[2] Philip died unmarried and without issue; the title would thus pass to his younger brother Walter.

[citation needed] His claim as 9th Lord Aston of Forfar is called "possibly lawful" by Cokayne; who states the title became "dormant" with his death.