Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1900-12-01
COURT TO THE RESCUE
To Protect Gould Fortune From
Castellane's Improvidence.
AN INJUNCTION ORDER GRANTED.

Trustees of the Gould Estate Re-
strained From Using Any Part OF
the Trust Funds For the Payment
OF the Countess' Debtr.
New York, Nov. 27.-Samuel Inter
meyer applied to and obtained yester-
day from Justice Fitzgerald, sitting in
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 M. Gould, as trustees
under the will of Jay Gould, restrain
ing them from paying to Anna Gould,
Countess de Castellane, any part of the
estate in the hands of the trustees. or
from applying any part of the trust
FUND to the debts Of Anna Gould or to
her support or that Of her children I'M
til the further direction of the court.
The plaintiff In the suit is Anton ].
Dittmar, who sues as assignee of Asher
Wertheimer. London bric-a-brac deal
er. The complaint contains copies of
drafts accepted in writing by the Count
and Countess de Castellane. amounting
to upwards of 1886, 900, Of which $685.
600 and upwards are past due.
1t is alleged that Anna Gould has
$1S,o00,0Oo held in trust for her by her
brothers and sister and that her in
come is about 100000. 1t Is claimed
that $250,000 year is all that the
count and countess require for their
support, and the plaintiff asks that the
remainder of the income should be ap-
piled to the payment of the couples
debts. 1t is said that over $500 Of
surplus income has already accumula-
ted in the hands OF the trustees which
ought to be used for this purpose. The
present suit is said to be a test case,
and, 1t is reported, is backed by other
creditors than Wertheimer.
A few weeks ago George ]. Gould was
appointed guardian for the Countess de
Castellane 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 the Goulds to
force settlement of the debts at their
Nwn time and on their own terms.
Judge Dillon, counsel for the Gould
family, made the following statement
concerning the suit:
THE Countess de CasteIlane Is not
entitled to any part Of the capital or
principal sum of the estate OF her faith
er. as the statement OF the plaintiff
seems TO Imply. The will of Mr.. Gould
provides, in substance, that the income
is TO be trust fund in the hands of the
trustees, to be appropriated for the
support and maintenance of his daugh-
er, and that she cannot anticipate or
dispose of any part OF that income un-
I'll IT is actually received by her, and
that until so received II shall not be
liable for her debts or those of her hus-
band; and undoubtedly the trustees
will feel II to be their duty to have this
provision in the will carried out in its
full extent, or so 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 IL is said
the creditors claimed at the proceed
ings In Paris whereby George Gould
was appointed guardian for his sister.
that the idea OF the Gould family was
to get possession of the income of the
Countess de Castellane and force her
creditors to settle on their own terms.
This is obviously a mistake, as the
only effect Of that proceeding is to pre-
vent her from mourning fresh obliga-
tons without the consent OF her broth
err"