Maurice Berkeley, 1st Baron FitzHardinge health in November 1857. On 26 February 1861, after inheriting his brother's estates, Berkeley unsuccessfully claimed the Barony of Berkeley as being one by tenure of Berkeley Castle. He was advanced to Knight Grand Cross of the Order of the Bath on 28 June 1861 and was created Baron FitzHardinge, of the city and county of Bristol on 3 August 1861. He was promoted to full admiral on 15 January 1862 and died at Berkeley Castle in Gloucestershire on 17 October 1867. In 1823 Berkeley married Lady Charlotte Lennox, daughter of Charles Lennox, 4th Duke of Richmond; after his first
Baron Berkeley that the barony by writ was deemed, extraordinarily, to be in effect a feudal barony (or barony by tenure), dependent on the tenure of Berkeley Castle. Thus when William Berkeley, 1st Marquess of Berkeley, 2nd Baron Berkeley (1426–1492), "William the Waste-All", alienated Berkeley Castle to the king, he effectively disinherited his younger brother from the barony by writ. The heir apparent is his son the Hon. Thomas FitzHardinge Gueterbock (b. 1969) The Earldom of Berkeley, together with the Viscountcy Dursley, was separated from the barony in 1882, but the accession was not fully established. In 1942 both titles became extinct