The barony De La Warr is of the second creation; however, it bears the precedence of the first creation, 1299, and has done so since shortly after the death of
William West, 1st Baron De La Warr. The precise legal situation concerning the second creation is murky. The modern rules attempt to regularize medieval practice, but there are many cases that cannot easily be made to fit, whether because a local custom was involved, or because an exception was made, or because the rules were still in flux. This is such a case because William West was
heir male but not
heir general. Because the original barony was created by
writ, the descent is presumed to be to the heir (or heirs) general, and therefore it fell into
abeyance between the daughters of Sir Owen West (and their heirs in turn). The second creation has been viewed in at least three ways: • As a means of placing beyond dispute an inheritance that should have gone to the heir male in the first place. The act concerning precedence is understood as rectifying the side effect this had of altering the precedence. Accordingly, some writers ignore the second creation when numbering: thus
Thomas West, 3rd Baron De La Warr, is sometimes called the 12th Baron De La Warr. • As an extraordinary act resolving an important estate that should not be left in abeyance. In this case, the previous barony was intended to be extinguished and the act altering precedence is difficult to understand other than as political expediency. • As a part of an effort to solve relatively complex problems of inheritance case by case, before the doctrine of abeyance (as it now exists) had been worked out. ==Connection to American geographical names==