The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-11-27
GOULD TRUSTEES ENJOINED
A ACTION GROWING OUT OF COUNT
DE C4STELLANE'S DEBTS.

An Injunction Granted Restraining thu
Payment to Anna Gould of Any Part
of the Estate Held i'm Trust for Her
The Action Brought by London Art
Dealer to Whom the Castellane's Are
Heavily Indebted
New York, Nov. 26.-The affairs OF
the Count and Countess de Castellane
and the Gould millions were again
brought before the public to-day. sam
ueI Untermeyer, of the firm of Guggeh-
heimer, Untermyer & Marshall, TINS
morning obtained from Justice Fitzger-
aid sitting in special term in the su-
preme court, an injunction order, re-
turnable on Monday next, against the
| Count and Countess de Castellane and
George Gould, Edwin Gould, Howard
Cou1d and Helen M. Gould, as trusees
under the will Of Jay Gould. The trus-
tees are restrained from paying over to
Anna Gould. Countess de Castellane)'
or any person acting for her, any part
of the estate in the hands of the trus-
tees or from applying any part OF the
trust fund to the debts of Anna Gould,
or to her support, or to that OF hef emil
dren, until the further directions of the
court.
The nominal plaintiff in the suit is
Anton j. Dittmar, who sues as assignee
a I hrip-9-
brac dealer, but Wertheimer is said to
be the real plaintiff. The complaint
contains copies of drafts drawn by
Asher Wertheimer and accepted IN
writing by the Count and Countess de
Castellane amounting to over 8F,00O,
of which $4,000 are past due. 1t IS al
legged that Anna Gould has $lS,00o,000
held IN trust for her by her brothers
and sister and that her income is about
$1,000 year
The complaint states that $250,000
year is all that the Castellanes require
for their support. and asks that the re-
mainder of the income should be ap
piled to the payment of the debts of the
countess. 1t is said that over $25o, 900
of surplus income has already accumu-
lated in the hands of the trustees.
1t is understood that Mr.. Untermyer's
firm represents other claimants, and
that this is in the nature of test suit
A few weeks ago George j. Gould was
appointed guardian for the Countess
de Castellane with her consent and that
her husband in a proceeding In France
declaring her a spendthrift. The credi-
tors claim that this proceeding was TO
get the property of the Countess de
Castellane away from attack by her
creditors, so as to enable the Go1ids to
force settlement of the debts on their
own terms, and the purpose Of this suit
is to have the court regulate the way
in which the income is to be applied to
the debts.
Judge Dillon, counsel for the Gould
family, made the following statement
last night concerning the suit:
1.-THE Countess de Castellane is not
entitled to any part of the capital or
principal sum of the estate of her ia
ther 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
support and maintenance of his daugh-
ter, and that she cannot anticipate or
dispose of any part of that income un-
til it is actually received by her and
that until so received it shall not be
liable for her debts or those of any
husband and undoubtedly the trustees
will feel it to be their duty to have this
provision in the will carried out in it's
full 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 it 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 mistake. as the only
effect Of that proceeding is to prevent
her from incurring fresh obligations
without the consent of her brother"