This was an action raised by the minority against the majority of the govenors of the Ewart Trust, Newton-Stewart. which was founded by James, John, and Agnes Ewart. The trust was left for the establishment of two schools-one for the poorer classes, and another in which it was intended that a better education should be given. The minority were dissatisfied with the actings of the majority, and alleged that capital intended for the lower school was being encroached upon for the benefit of the higher school.

Proof was led some days ago, and today the Lord Ordinary gave judgment. His Lordship reviewed the terms of the trusts of James, John, and Agnes Ewart. James Ewart, who died in 1859, left £1000 to found a Ragged School at Newton-Stewart, and his trustees carried out the trust. and the school was now in operation. His Brother John died in 1863. He left £7000 to be paid over to the trustees of his brother James to be applied in further promoting the Ragged School, and with power to apply not more than £500 to the building, and fitting up of a school to be erected at, the north end of the master's house and to apply any balance of the income of the £7000 to the support of that school, which was for, the education of children of the middle classes, and for promoting it higher standard of education in Newton-Stewart. This school was now called the High School, and John Ewart seemed to have anticipated that the other funds required besides the of £500 which he had made would have been obtained from the public or otherwise. His trustees, however, thought that the funds left by James were sufficient for the support of the Ragged School, and they now resolved to establish the High School. Their view had been that they could take as much as was necessary for the building of the High School from John Ewart's funds, and they spent £3178 on that object. This construction which they had put on the will was he held, erroneous. So far as regarded the building, the trustee's contribution was restricted to £500. The trustees therefore did what they had no power to do when they applied £3178 towards; the building and furnishing of this superior school; and, they had made no attempt to obtain subscriptions from, the public or elsewhere. Agnes Ewart, and it was in regard to her trust that the conclusions were raised, died in 1866, leaving the residue of her estate to James's trustees to he invested for and applied to the maintenance of the Ragged School; and if the funds already available were sufficient for the Ragged School, the annual proceeds and only the annual proceeds of the residue of her estate to be appropriated for the High School. Now no part of that money had been invested. It had all been paid away in meeting arrears of factor's salary. and a bank overdraft, and other debts of the earlier trusts. The defence was that the money was left for the same purpose as the other, and it was therefore of no importance whether the debts were paid out of James'or Agnes's estate. In paying the arrears of factor's salary and the overdrawn bank account of the earlier trust from Agnes', funds they did what they had no right to do and, they must be ordained to invest the sum of £3000 in proper security. The defenders' contended that Agnes's money was really invested, as there was more than £3000 under their control and contained in a bond of the Greenock Harbour Trustees. That was a view which his Lordship could not take. He held that the whole capital had been exhausted. and that it must be replaced and properly invested. He regretted that the action had ever been, instituted. The administration and management of the institution had been such as to deserve all commendation. The expense of management had been extremely, moderate. Gentlemen of character and position had given time and labour to make the institution a success and they had succeeded; and it was only to be regretted that they had not, at the outset, spent a little in taking advice as to their legal powers. Perhaps yet it was not too late to appeal to the public support to which John Ewart had looked for the maintenance of the High School. His Lordship accordingly found that the defenders Wm. Guffog and John McGill did not invest the sum of £3000 of Agnes Ewart's trust, and were bound to do so, and ordained them to invest that sum in their own names or in the name of the other trustees by first sederunt day in October. The question of expenes was reserved and leave was given to reclaim.