 Following the death of Lord Fairfax in 1781, his will was recorded on March 5, 1782, and conveyed his title to the remnants of his American properties, including the Northern Neck Proprietary, to Martin's elder brother Reverend Denny Martin, who then assumed the surname and coat of arms of Fairfax.Lord Fairfax devised his property and title to Denny Martin on the condition that he apply to the Parliament of Great Britain for an act to authorize him to inherit the title of Lord Fairfax of Cameron.Martin was appointed by his uncle, along with Gabriel Jones and Peter Hog, as an executor of his will and estate.