The minority of the Free Church, which had refused to join the union, quickly tested its legality.
[citation needed] The Free Church was represented by their former Moderator, Very Rev Colin Bannatyne.
[citation needed] An appeal to House of Lords, (not delivered until 1 August 1904 due to a judicial death), reversed the Court of Session's decision (by a majority of 5–2) and found the minority was entitled to the assets of the Free Church.
[citation needed] The judgement had huge implications; seemingly, it deprived the Free Church element of the U.F.
Church, held on 15 December, decided that the union should proceed and resolved to pursue every lawful means to restore their assets.
They concluded, however, that the Free Church was in many respects unable to carry out the purposes of the trusts, which, under the ruling of the House of Lords, was a condition of their holding the property.
Cameron, N. et al. (eds) Dictionary of Scottish Church History and Theology, Edinburgh T&T Clark 1993; Cranmer, F.A.