New-York tribune., 1900-12-04
MONEY FOR CASTELLANEs.
INJUNCTION on TRUSTEES MODIFIED
PENDING THE HEARING-THE
CASE POSTPONED.

The motion for an injunction. receiver and an
accounting in tine suit OF Dnttmaf aeal"Ht ne
Castellanes and fhe trustees Of the estate ot Jay
Gould came up for hearing YESTERDAY Defofe
Justice David Ieveutrltt sitting in Special Term
Part T. of the supreme COurt. Guggenheifner'
untermysr & Marshall appeared Tor littnar tx
Judge John p Dnlon Colonel Edward c. James
and Charles A Gardner appeared for George j.
Gould Edwin Could. Howard Gould and Helen n
Gould trustees of the jaw Gould estate. The Count
and Countess Casterane made no formal legal ap-
pearance. but Couoerz Brothers ana Lorenzo SEM
pie In court 20 protect their interests
Colonel James Of the cOunsei for the Gould
trustees submitted the afidsvits from George J.
Could and Charles A Gardner. and moved for an
adjournment ~ the proceedings 20 December H.
George J. Gould dePosed that he was one OF the
trustees under the VIII OF Jay Gouid: that ne hso
fully and fairly stated the case 10 his counsel
Charles A. Gardiner. and that the defendant trus-
tees had good and substantial defence on the
merits OF the case.
Charles A. Gardner deposed that he was attorney
Cor defendants. George J. Gould Edwin Gouio'
Howard Gould and Helen NJ. Gould. as trustees
under the win Of Jsy Gould: that the time for the
defendants 10 plead 10 the action would expire On
December T. 1900. lie further said that the sum
mons and oomriant in the action had not been
served on Defendants. BOni Count de Castelane
and Anna Gould, Countess de Cssteliane: that they
had not appeared In the action and were IN PARIS
Ia was necessary 90 include In the afndaHiis III
imposition afidavits OF BOni Count de Castellane,
persons living ~ France and England IL
would require at least two weeks. and possibly
longer 10 obtain sah afldavits. duly executed
from France and England. The deponent requested
that the hearing Of this motion he postponed 10
the third Monday OF December. 1900. and that *
said aidavits had not received then, such fur
fher time be granted the defendant trustees as
the Court might deem proper. -,
After full discussion on the apphcatloh OF lne
trustees Justice Iaventritt adjourned the fuFther
FeeTing OF the motion December Il, and directed
that the a8davits of the trustees be syomltieo 70
counsel for the plaintiff and that II desired the
plantn should have two weeks fuTther tline IN
which 20 reply the same. and that then the mo-
rion should come for hearing.
Colonel James then made an additlonsI appA.Cse-
zion 70 have the Injunction order modified TO the
sztent that the trustees could pay out OF me IN
come OF the trust funds al the rate OF SsoOoeeO a
wear 10 the Countess Castelare pending the hnai
decision Of the motion This application was siren
uouslv 0nnosed ny MF. l'ntP-myer. After OF -u-s-
sion Justice Ieen refused 20 hear further argu-
serest 70 appear before Justice Fitzgerald VINO
granted the original order -.
An adjournment Immediately taken 10 feIi
VII OF the Supreme Court. where Justice fitI-
gerald was sitting No argument YVES hello before
The Justice but a conference between tbs counsel
house Mr. Gardiner. when seen later at his ofhee,
said the affair mad been arranged In the following
-.
Pending the hearing and determination Of the
Injunction motion, the trustees Of the estate OF
Jav Gould are to be permitted 10 pay 10 the
Countess Castelane Oae-tWehth or tzSeVO monin,
OF the first day OF each month. beginning with
December J. 1900 and. except thus modified. the
Injunction order IS 10 remain for the present as
originally granted by Justice Fitzgerald