The Portland daily press., 1900-11-27
CREDITORS WANT PAY.
Law Invoked in Case of
Anna Gould.
Injunction Reducing Her Income
Asked For.
Rest To Be Applied to
Debts.
f25, 900 Yearly Deemed Enough
TO Support Royal Couple

New York, November 28.-Samuel On
termeyer applied and obtained today
from Judge Fitzgerald, sitting IN the
supreme court, an injunction order re-
turnable on Monday next, against the
Count and Countess Castellane and
George Gould, Edwin Gould, Howard
Gould and Helen nj. Gould, as trustees
under the will OF Jay Gould, restraining
them from paying TO Anna Gould, Coun-
tess De Castellane, any part of the estate
in the hands Of the trustees, or from ap-
plying any part of the trust fund to the
debts of Anna Gould or to her support
or that of her children until the further
direction Of the court. The plaintiff In
the suit, Anton j. Dittmar, who sues as
assignee OF Asher Werthermer, Is Lon
don bric-a-brac dealer. The complaint,
which is a long pri nted document, con-
tains copiessof drafts drawn by Werther-
mer and accepted In writing by the
Count ana Countess De Casteliane,
amounting to upw ards of "a, COO pounds,
Of which $1,000 pounds and upwards hre
East due.
tits alleged that Anna Gould has
Rls 900 600 held in trust for her by her
brother and sister and that her annual
income Is about sS0O 900.
1t is claimed that $1,000 pounds year
ia all that the Count and Countess re-
quire for their support and the plaintir
asks that the remainder OF the income
should be applied to the payment Ct the
Counts debts. The present suit Ia said
to be test case, and 1t Is reported to be
backed by other creditors than Werther-
mer.
A few weeks ago George j. Gould
was appointed guardian for the Countess
DE CastelIane In a proceeding in the
French courts. The creditors claim that
the purpose of this proceeding was TO
get the property OF the Countess De
Castellane away from attack by her
creditors so as to enable thu Goulds to
force q settlement of thu debts at their
own time and on their own terms.
Judge Dillon, counsel for the Gould
family, made the following statement con-
corning the suit!
"Ihe Countess DE Castellane is not en-
titled to any part of the capital or prin-
cipal sum OF the estate Of her father as
the statement OF the plaintiff seems to
amply. The Will OF Mr.. Gould provides
in substance that the income is TO be a
trust fund In the hands of trustees, to be
appropriated for the support and mainte-
nance of his daughter and that she cam
not anticipate or dispose OF any part OF
that income until 1t 10 actually received
by ner and that until SO received it shall
not be liable for her debts or those OF
any husband and undoubtedly the trus-
tees Will feel 1t to be their duty to have
this provision in the Will carried out in
its full extent OF as far as possible. She
has no CONT oil nor has the court any con-
troll over the principal sum which goes to
her children after her death.
In the foregoing statement. it is said
the creditors claimed at the proceedings
In Paris whereby MIR, George e. Gould
was appointed guardian for his sister
that ths idea Of the Gould family was
to get possession of the income of the
COUNTESS De Csstellans and force her
creditors to settle on their own terms.
This Ia obviously a mistake as the only
effect of that proceeding is to prevent her
fromsincurring fresh obligations without
the consent of her BROTHER