
The Supreme Court of Appeals of West Virginia ruled that outgoing governor Emmanuel Willis Wilson would remain Governor; State Senate President Robert S. Carr had claimed authority until the Court reached its decision. In 1890, the Legislature agreed that Fleming had defeated Nathan Goff, Jr. As a result, Fleming did not assume the office until February 6, 1890. He left office in 1893 and died on October 13, 1923. He is interred at Woodlawn Cemetery. A large obelisk marks his grave.