The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1901-01-29
THE CASTELLANES LOSE.
ALL BUT 100000 OF COUNTESS.
INCOME TIED UP
clares Jay Gould's Effort to Protect
Beneficiartes of His WIN Against Cred
1fols L. Con tEns To- xaia L., ISx,Ii Log.

ClhTeS guy UOulub EHOTg 10 HrOLeCI
Benefioiaries of His WIN gainst Cred
ttors Is Contrary to Public Policy.
New York, Jan. 28.-The Countess de
Castellane's share of the income from
the estate of her father the late Jay
Gould, was tied up with the exception
of 100000 per annum, by decision OF
Justice Beach in the supreme court to-
day, pending the trial OF the suit OF
Asher Wertheimer, the London dealer
In brio -brac and objects OF art
The Countess de Castellane is to have
100000 a year for the support oil herseit
and children, and the remainder OF the
income is to be held by the trustees I'M
der Jay Gould's will subject to Werthei-
mers suit for $385,000 claimed by him
for goods bought by the Count and
Countess de Castelane
When the count and his countess for
merly Miss Anna Gould, of this city,
built their magnificent palace In Paris
they purchased many rare works OF art
from Wertheimer at extravagant prices.
The count requested and received va
rious extensions of time within which
to pay for the articles, until finally
Wertheimer brought suit in the French
courts.
Fearful that he might experience some
difficulty in collecting his money on the
other side of the Atlantic, and knowing
that the countess was in receipt of an
income of 100000 year from trust
fund of her fathers estate, Wertheimer
brought injunction proceedings here.
His object was to force the with
holding from the countess of the entire
income, or Of such part of it as would
be sufficient to pay any judgment he
might recover. BY agreement between
counsel the countess was first allowed
$250,OO0 year for her support, but later
Wertheimer's lawyer withdrew from
that stipulation and sought to have the
court fix the sum at 100000 year.
The motion to continue the injunc-
ton required full day in presentation
to the court, and to-day Justice Beach
handed down his decision.
The Justice holds that the New York
courts have ample jurisdiction and that
because of the non-residence of the
Count and Countess de Castellane it has
been impossible to obtain formal service
on them.
OF another objection raised by coun-
sci for the Gould trustees Justice Beach
says:
1.-THE fifth clause of the first codicil
In the will of Jay Gould provides that the
income from the trust fund shall not be
liable or chargeable in the hands of the |
executors and trustees for any debt or
liability of such beneficiary. This dec
1aration has no protective power in this
state, although in some others it has |
been held effective.
1T is against public policy that
man should have an estate to live on,
but not an estate to pay his debts with
should have the benefits of wealth with
out the responsibility. This case de-
mands rigid enforcement Of these
principles from the facts.
Therefore, unless the injunction and
action are upheld, the plaintiff and his
assignor, despoiled of their property,
will be absolutely remedless, with
nothing left but the broken promises
and the commercial dishonor of their
debtors"