Edward Burtenshaw Sugden
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Edward Burtenshaw Sugden, 1st Baron Saint Leonards, (12 February 178129 January 1875) was a British lawyer, judge and Conservative politician.


Background

Sugden was the son of a high-class hairdresser and wig-maker in Westminster, London. Details of his education are said to be "obscure". It appears that he was mostly self-taught, although he also attended a private school. His humble origins and rapid rise were frequently remarked upon by his contemporaries: when he first attempted to enter Parliament, he was heckled at hustings for being the son of a barber. Later, Thomas Fowell Buxton would write that "there are few instances in modern times of a rise equal to that of Sir Edward Sugden".


Legal and political career

After practising for some years as a conveyancer, Sugden was called to the bar at
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln ...
in 1807, having already published his well-known ''Concise and Practical Treatise on the Law of Vendors and Purchasers of Estates''. In 1822 he was made
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
. He was returned at different times for various boroughs to the House of Commons, where he made himself prominent by his opposition to the
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. He was appointed Solicitor General in 1829, receiving the customary knighthood. As Solicitor-General he took a narrow view of Jewish emancipation, arguing that "They had possessed nothing; they held nothing. They had no civil rights; they never had any." In 1834–5 Sugden was made
Lord Chancellor of Ireland The Lord High Chancellor of Ireland (commonly known as Lord Chancellor of Ireland) was the highest judicial office in Ireland until the establishment of the Irish Free State in 1922. From 1721 to 1801, it was also the highest political office of ...
in
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's first ministry, and was sworn of the
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on 15 December 1834. Sugden was again the Irish Lord Chancellor in Peel's second ministry, serving from 1841 to 1846. In 1849, Sugden published ''A Treatise on the Law of Property as administered in the House of Lords'', in which he criticised the decisions given in the House of Lords when acting as a
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
. In Lord Derby's first government in 1852 he became
Lord High Chancellor of Great Britain The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The ...
and was raised to the
peerage A peerage is a legal system historically comprising various hereditary titles (and sometimes non-hereditary titles) in a number of countries, and composed of assorted noble ranks. Peerages include: Australia * Australian peers Belgium * Belgi ...
as Baron Saint Leonards, of Slaugham in the County of Sussex. In this position he devoted himself with energy and vigour to the reform of the law (note his important dissenting opinion in ''Jorden v Money (1854) 5 HL Cas 185''); Lord Derby on his return to power in 1858 again offered him the same office, which from considerations of health he declined. He continued, however, to take an active interest especially in the legal matters that came before the House of Lords, and bestowed his particular attention on the reform of the law of property. He championed the fulfilment of the will of
J. M. W. Turner Joseph Mallord William Turner (23 April 177519 December 1851), known in his time as William Turner, was an English Romantic painter, printmaker and watercolourist. He is known for his expressive colouring, imaginative landscapes and turbulen ...
with regard to his art bequests in 1857–70.


Publications

Lord Saint Leonards was the author of various important legal publications, many of which have passed through several editions. Besides the treatise on purchasers already mentioned, they include Powers, Cases decided by the House of Lords, Gilbert on Uses, New Real Property Laws and Handybook of Property Law, Misrepresentations in Campbells Lives of Lyndhurst and Brougham, corrected by St Leonards.


Family

Lord Saint Leonards married Winifred, daughter of John Knapp, in 1808. She died in May 1861, Lord Saint Leonards died at Boyle Farm, Thames Ditton, in January 1875, aged 93, and was succeeded in the barony by his grandson, Edward.


Inheritance dispute

After his death his will was missing but his daughter, Charlotte Sugden, was able to recollect the contents of a most intricate document, and in the action of Sugden v. Lord Saint Leonards (L.R. 1 P.D. 154) the Court of Chancery accepted her evidence and granted probate, admitting into the probate a paper propounded as containing the provisions of the lost will. This decision established the proposition that the contents of a lost will, that can be proven to have existed, may be proved by secondary evidence, even of a single witness. Charlotte Sugden submitted sworn testimony that Lord Saint Leonards was in the habit of reading his will every night, such that his daughter had to listen to it and over some years memorised it. This decision became a well known fact and narrow precedent in legal circles, departing from provisions of the Wills Act 1837 which remained the principal legislation governing an area shaped by
equity Equity may refer to: Finance, accounting and ownership * Equity (finance), ownership of assets that have liabilities attached to them ** Stock, equity based on original contributions of cash or other value to a business ** Home equity, the dif ...
and later by common law.


Arms


Notes


References

*
Dittopedia
the collaborative local history of Thames Ditton


External links

* {{DEFAULTSORT:St Leonards, Edward Sugden, 1st Baron 1781 births 1875 deaths Lord chancellors of Great Britain Lord chancellors of Ireland Sugden, Edward Burtenshaw Sugden, Edward Burtenshaw Sugden, Edward Burtenshaw Sugden, Edward Burtenshaw Sugden, Edward Burtenshaw Sugden, Edward Burtenshaw Sugden, Edward Burtenshaw UK MPs who were granted peerages Sugden, Edward Burtenshaw Saint Leonards, Edward Burtenshaw Sugden, 1st Baron Saint Leonards, Edward Burtenshaw Sugden, 1st Baron History of Surrey Solicitors General for England and Wales Members of the Parliament of the United Kingdom for constituencies in Cornwall Members of the Privy Council of the United Kingdom Members of the Privy Council of Ireland Tory MPs (pre-1834) Deputy Lieutenants of Sussex Members of the Judicial Committee of the Privy Council Knights Bachelor People from Slaugham Peers of the United Kingdom created by Queen Victoria