Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-11-27
WANTS NE D[B|SPAD
Action Begun Against Castellanes
and Goulds to Secure .
Settlement
London Brlc.a.brac Dealer Has a
Claim For Nearly 100000
Long Past Due
Ex.secretary Carlisle Talks About
the Future Of the Demo.
cratic Party.

New York, Nov. 27.-samuel Inter
meyer applied to and obtained yester-
day from Justice Fitzgerald, sitting i'll
the supreme court. an injunction order
returnable on Monday next against the
Count and Countess Castellane and
George Gould, Edwin Gould, Howard
Gould and Helen NJ. Gould. and trustees
under the will of Jay Gould, restraining
them from paying to Anna Gould,
Countess de Castellane, 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 is Anthony j..
Dittmar, who sues as assignee Of Asher
Wertheimer, London bric-a-brac
dealer.
The complaint, which is long
printed document, contains copies of
drafts drawn by Wertheimer and ac-
lcepted in writing by the count and
countess, amounting 10 upwards of
sSS5,000, of which s2S5,000 and upwards
are past due.
1t is alleged that Anna Gould has
sis,0O0000 held in trust for her by her
brothers and sister and that her income
is about 100000.
1t is claimed that $3.50 900 a year are all
that the count and countess require for.
their support and the plaintiff asks that
the remainder of the income should be
applied to the payment of the couples
debts.
1t is said that over $4,000 OF surplus
income have already accumulated in the
hands of the trustees. which ought to be
used for this purpose. The present suit
is said to be test case. and 1t is re-
ported is backed by other creditors than
Wertheimer.
"A few weeks ago George j. Gould wss
appointed guardian for the countess in
a proceeding in the French court. The
creditors claim that the purpose Of this
proceeding was to get the property OF
the countess away from attack by her
creditors so as to enable the Goulds to
force settlement of the debts at their
own time and on their own terms.
Judge Dillon, counsel for the Gould
family. made the following statement
concerning the suit
The 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 imply. The will of Mr.. Gould pro-
vides, in substance, that the income is
to be a trust fund in the hands of the
trustees. to be appropriated for the sup
port and maintenance Of his daughter,
and that she can not dispose of any part
of that income until it is actually re-
ceived by her, apd that until so received
it shall not be liable for her debts or
those Of her husband; and undoubtedly
the trustees will feel 1t to be their duty
to have this provision in the will carried
out to Its fullest extent, or as far as
possible. She has no control, nor has
the court any control, over the principal
sum, which goes to her children after
her death
In the foregoing statement 1t is said
the creditors claimed at the proceedings
| in Paris whereby George Gould was APP
| pointed guardian for his sister, that the
idea OF the Could family was to get pos
session Of the income Of the Countess
de Castellane and force her creditors TO
lssettle on their own terms. This is obyf-
ouely mistake as the only effect Of the
proceeding is to prevent her from in
1curring fresh obligations without the
1 consent OF her brother