The age-herald., 1900-11-27
PEKIN AGREEMENT
 MUST BE MODIFIED
State Department Has Not Given Out Terms of Pro-
 posed Plan for Publication
TRYING TO COLLECT
 A BRIC>A>BRAC BILL
London Dealer Ties Up Income of the Countess Castallane from Gould
 Estate-lnjunction Obtained.

New York, November 26.-samuel Unte-
 myer applied to and obtained today from
 Justice Fitzgerald, sitting on the Supreme
 Court, injunction order returnable on
 Monday next, against the Count and Count
 ess Castallane snq George Gould. Edwin
 Gould, Howard Gould and Helen N. Gould, as trustees under the will of Jay Gould re-
 straining 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 funds of the
 debts of Anna Gould or to her support, or
 that of her children, until the further di-
 rection of the court.
 The plaintiff in the suit Is Anthony J.
 Dittmar, who sues as assignee of Asher
 Wertheimer, a London bric-a-brac dealer.
 The complaint, which Is long printed doc
 ument, contains copies of drafts drawn by
 Wertheimer and accepted in writing by the
 Count and Countess de Castellane, amount
 ing to upwards of $3S5, 900, of which $2S5 900
 and upwards are past due.
 A few weeks ago George J. Gould was
 appointed guardian for the Countess De
 Castellane in a proceeding in the French
 courts. The creditors claim that the pur-
 pose of this proceeding was to get the
 property of the Countess De Castelane
 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 fam fly, made the following statement concern ing the suit:
 It is alleged that Anna Gould has $1S- 0O0, 900 held in trust for her by her brothers and sisters and that her income is about $9OOOOO.
 It is claimed that $25O,0OO year is all that the Count and Countess require for their support and the plaintiffs asks that the remainder of the income should be applied l to the settlement of the couples debts. It 1 is said that over $25O,OOO of surplus income l has already accumulated in the hands of l the trustees to be used for this purpose. l The present suit is said to be test case | and it is said is reported to be backed by other creditors than Wertheimer. "rhe Countess De Castellane is not enti- | tied to any part of the capital or principal l sum of the estate of her father, as the l statement of the plaintiff seems to imply. | The will of MT. Gould provides, in sub 1 stance, that the income Is to be a trust l fund in the hands of the trustees, to be ap- l propriated for the support and maintenance l of his daughter, and that she cannot an- l ticipate dispose of any part of that in come until it is actually received by her, l and that until so received 1t shall not be l liable for her debts or those of her hus- l band, and undoubtedly the trustees will l feel it to be their duty to have this pro- l vision in the will carried out in it's full ex- l tent or as far as possible. She has no l control nor has the count any control over l the principal sum, which goes to her | children after her death.
 l Tn the foregoing statement 1t is said l the creditors claimed at the proceedings in l Paris whereby George Gould was appoint | ed guardian for his sister that the idea of l the Gould family was to get possession of the income of the Countess De Castellane l and force her creditors to settle on their own terms. This is obviously mistake, l as the only effect of the proceedings is to 1 prevent her from incurring fresh obliga. l tions without the consent of her brother"