Dean Mathey v. United States

I respectfully dissent. In construing the trust instrument, admittedly governed by New York law, “ . . . it is the duty of the court to give effect to the intent with which the declaration of trust was made, so far as such intent can be collected from the whole instrument. (1 R.S. 748, § 2). And for this purpose reference may be had to the general scheme of the trust, its object and purpose as so represented. Knowlton v. Atkins, 134 N.Y. 313, 319, 31 N.E. 914, 916 (1892). See also Farmers’ Loan & Trust Co. v. Callan, 246 N.Y. 481, 487, 159 N.E. 405 (1927); Matter of Fields, 302 N.Y. 262, 97…