Governors of Stewart's Educational Trust v School Boards of Logierait and Weem
| Jurisdiction | Scotland |
| Court | Court of Session |
| Judgment Date | 18 October 1898 |
| Docket Number | No. 1. |
| Date | 18 October 1898 |
Lord President, Lord Adam, Lord Kinnear.
Charitable and Educational Trusts—Alteration of Scheme under Educational Endowments Act, 1882 (45 and 46 Vict. cap. 59)—Amendment to alterations proposed in petition.—
In an educational trust administered under a scheme settled by the Educational Endowments Commissioners, the parishes of A, B, and C had an interest. In consequence of an alteration in the boundaries of the parish of A, a majority of the governors were of opinion that A had no longer right to the benefit of the trust. On the suggestion of the Scotch Education Department a compromise was agreed to by the governors, among whom were representatives of the parishes of A, B, and C, by which A was allowed to retain a certain benefit, and a petition was, with consent of the Department, presented to the Court for an alteration of the existing scheme in terms of the compromise.
B and C proposed an amendment to the scheme embodied in the petition to the effect of excluding A from the benefit of the trust.
The Court refused to entertain B and C's amendment, as being outwith the subject-matter submitted to the Court by the petition.
Observations on the power of the Court to entertain amendments to a proposed scheme.
The Governors of Stewart's Educational Trust presented a petition craving the Court to alter certain provisions of a scheme framed by the Educational Endowments Commissioners for the administration of the trust, power to do so being given to the Court by section 21 of the scheme, upon application made with consent of the Scotch Education Department. The petition was presented with the consent of the Scotch Education Department.
The endowment was founded by Daniel Stewart in 1814. He bequeathed £1200 for the purchase of land and the erection of a school in the district of Strathtay, Perthshire, and £2000 to maintain and support the school, and directed that free education should there be given to poor children residing ‘within the parishes of Logierait, Weem, and Moulin, in the district of Strathtay, presbytery of Dunkeld,’ who should be preferred, and thereafter to poor children ‘from any of the other neighbouring parishes in the said district of Strathtay and presbytery of Dunkeld, lying next and adjacent to the three parishes above named.’
The trustees acquired lands lying partly in the parish of Logierait, and partly in the parish of Dull, and erected a school on that part of the lands which lay within the parish of Logierait. Portions of the parishes of Logierait, Weem...
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