The Washington weekly post., 1900-11-27
CASTELLAkE CREDITORS SUE
Apply for Injunction Restraining
Trustees from Paying Debts.
London Bric-a-brac Dealer Is Dissa tisfed
with the Recent Legal Action An.
pointing George Gould Gaara.
ian for the Countess.

New York. Nov. 2s-Samuel Untermyer
applied to. and obtained to-day. from JUS
tice Fitzgerald, sitting In the Supreme
court, an Injunction order returnabie 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 pay
ing 10 Anna Gould. Countess de castel-
lane. any part of the estate in the hands
OF the trustees, or from applying any part
or the trust fund TO the debts of Anna
Gould, or 10 her support. or that Of her
children, until the further direction of
the court
The plaintiff In the suit is Anton j. Ditt-
mar, who sues as assignee of Asher Vert
heimer, London bric-a-brac dealer. The
complaint, which is long. printed docu-
rnent, contains copies of drafts drawn
by Wertheimer and accepted In writing
by the Count and Countess de Castellane,
amounting to upward Of S3s5, ,0O0 of which
s2s5, 900 and Upward are past due.
1t is alleged that Anna Gould has sls,-
oto,OO held in trust Tor her by her broth
ers and sister. and that her income Is
about $900,0
II is claimed that 10000 a year is 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 sur
plus income has already been accumuIat-
cd in the hands of the trustees, which
ought to be used for this purpose The
present is said TO be a test case, and it
is reported is backed by other creditors
than Wertheimer.
A few weeks ago George J. Gould was
appointed guardian for the Countess de
Castollane in a proceeding in the French
courts. The creditors claim that the pur-
pose OF this proceeding was 10 get the
property CT the Countess de Castellane
away from attack by her creditors. 50
as TO enable the Goulds TO force settle
ment OF the debts at their own time and
on their own terms.
Judge Dillon. counsel for the Gould fam
fly. made the following statement con-
eerning the suit:
The Countess de Castellane Is not en-
titled to any part OF the capital or pria-
cipal sum OF the estate OF her father, as
the statement OF the plaintiff seems 10 i'm
ply. The will OF Mr.. Gould provides. In
substance, that the income is TO be a truz.
fund, in the hands o. the trustees, 10 be
appropriated for the support and mainte-
nance OF his daughter, and that she can
not anticipate or dispose Of any part OF
that income until Il Is actually received Or
her, and that until 50 received II shall not
be liable for her debts or those OF her
husband; and undoubtedly the trustees
VIII feel IL 10 be thelT duty 10 have this
provision In the vii! carried out IN its full
extent, or as far a. possible. She has no
control, nor has the court any control,
over the principal suIE. which goes 20 her
children after her death.
'In the foregoing statement it Is said
the creditors claimed ar the proceedings
IN Paris, whereby George Gould vas ap-
roInted guardian for his sister. that the
idea OF the Gould family was 20 get pos
segsgon OF the income OF the Countess De
Casfellane ard force her creditors 70 set.
lie on their OWE terms. This Ia obviously
a mistake, as the only effect Of that pro-
ceedlng is 10 prevent her from incurrinz
fresh obligations without the consent of
her brother"