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THE BOATIE ROWS. - * 443
only the fortune of a younger brother, the newly-married
pair resolved to leave Scotland, and try their fortune in a
foreign clime. This circumstance, perhaps, originally in-
duced the father to think of devoting his accumulations to
the endowment of an hospital ; however, as the conditions
of the marriage-contract with Miss Middleton necessarily
fettered him, he resolved to endeavour to procure a dis-
charge of the provisions in the deed, upon payment of
small sum of money. This he was enabled to effect, and
he thereupon became absolute and unlimited master of pro-
perty, real and personal, of considerable value.
" Ewen died in Oct. 1821, never having taken a second
wife, and leaving behind him a very ample fortune, which
on deathbed he devised to trustees for the purpose of en-
dowing an hospital at Montrofee, upon a similar footing
with that of Gordon's at Aberdeen. This settlement was
challenged by his daughter ; and after various conflicting
decisions, was, to the satisfaction of every one, finally set
aside by the House of Peers, on the 17th Nov. 1810, on (
the clear legal ground, which had been very superficially
considered in the Court below, that the deed was void, in
consequence of its uncertainty and want of precision both as
to the sum to be accumulated by the trustees before they
were to commence building the hospital, and as to the
number of boys to be educated in it when built."
A full report of this lawsuit is contained in Wilson and
Shaw's " Cases decided in the House of Lords on Appeal
from the Courts of Scotland," vol. iv. p. 346-361.
In the Museum, three different sets of this popular air
are given. The following verses, written by Joanna Bail-
lie, for Mr Thomson's Collection, are here copied from
that work, which is enriched with several others by the
same lady. She has imbibed so much of the true character
and feeling of our older lyric poetry, that it is matter of re-
gret she had not directed herself more to this branch of
composition.

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