The elder Stewart was replaced as Lord Advocate by Sir David Dalrymple in 1709, but the younger Stewart succeeded Dalrymple as Solicitor-General, holding the office jointly with Thomas Kennedy of Dunure.
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Fergusson's estate of Hailes in Haddingtonshire and Mid Lothian descended to his second son, Charles, who assumed the name of Dalrymple, as representing his great-grandfather, Sir David Dalrymple, 1st Baronet, (Lord Hailes), but the baronetcy of Hailes was extinct.