New-York tribune., 1901-01-29
ANNA GOULD'S INCOME.
INJUNCTION AGAINST PAYING 1T To THE
COUNT DE CASTELLANE CONTINUED.

The temporary injunction granted by Justice Fitz-
gerald, restraining George j. Gould. Edwin Gould.
Howard Gould and Helen NJ. Gould from paying
over to their sister Anna. Countess de Casteuane
any or the income. rents. profits. proceeds
part OF her share in the estate OF her father Jaw
Gould. was continued by Justice Beach in the
Supreme Court yesterday pending the trial of the
action to restrain the payment permanently until
a claim for SSS5OoO by Asher wertheimer a London
brie-a-brac dealer. has been satisfied Justice
Beach says:
The motion at bar seeks the continuance pendente
lite OF preliminary writ of Injunction heretofore
i Elanoeu IN tnls action restraining payment OF the
testament of Jay Gould to the beneficiary therein
The objections raised By counsel for the trustees
rest upon an alleged lack of jurisdiction in the
Castelanes. are non Presidents. and no judgment
and no execution issued therein has been returned
unSatlShed; further, and in addition, that by the
creating the trust the income OF the fund Is be-
Eond tne reach OF The creditors OF the beneficiary
are urged of less Importance this motion. The
objection to the Jurisdiction is not well taken.
Having cited several authorities. Justice Beach
continues
1t is apparent from the motion papers that it is
impossible for Plaintl to obtain judgment against
the principal debtor by personal service of process
Dy reason OF non-residence, and consequently the
issuance and return of execution is equally with
no tenable for limiting the Jurisdiction OF
IN TINS Court by the absence Of requirements specified
1i distinction as argued by defendants counsel be
r et,ohS MnSre court OF equity mas original
The fifth clause of the first cOdcil the viii of
fund shall not be liable or ehargsable % ee in 'FiS the
ma nands Of the executors and trustees for debt
has no protective power this State. although in
some others ii has been held effective. For about
SIX years last past the defendants. the Castelanes
nave purchased from the plaintiffs assignOr valu
their unpaid and oft renewed bills of exchange
Ills assignor has failed to secure payment for his
wen "A Fetl aft taI
demands The Countess de Castellane receives
resides in Paris France. while the trustees are
residents of this State. and the principal fund is
within this Jurisdiction Therefore unless the in
junction and action upheld. the plaintiff and his
nSSiEnGr despoled Of their Property VIII be abso
promises and the commercial dishonOr OF their
The motion to continue the injunction is granted
with an allowance of S20o0o) yearly 10 the Countess
CasteIane for the support OF herself and children.
The preliminary injunction was granted on the
application of CiUggenheimer. Untermyer & Mar
shall. attorneys for Anton J. Dittmar, a lawyer
OF this city, whom Wertheimer had assigned his
claim. 1t debarred the trustees of Jay Goulds es-
tate from paying the Countess de CasteI-
lane any person acting for her any part Of
the estate in the hands OF the trustees OF from
applying any part of the trust fund the debts
OF Anna Could, TO her support that OF her
children, until the further direction OF the Court.
II was claimed by Lawyer Samuel Cntermyer that
the estate OF the Countess had increased from
S2.Oo0GOO to $ls,010000, and that her income now
amounts to S000o year. 1t forth that
she and her husband. Boni Count de Castenane
maintained an expensive household In Paris and
that neither she nor her husband had been In the
United States, except once, when they came here
on business connected with her estate leaving
i, thrif children In Paris and that they have in
tenllon or returning to the United States.
(h3ries A Gardiner and Colonel E. C. James.
oehait OF the Gould trustees. cOntenIed the ap-
plcaon to continue the injunction that the courts
mere mad no jurisdiction, as the Count and Countess
De CaStellane We're French citizens
Mr. ntermyer in the amended complaint de-
clared that the Count de CaStellane had actually
disposed OF some OF the pictures purchased by him
from Nertheimer. at prices In excess OF those
charged him, and also of certain articles of bric-a
DTac at remunerative prices George J. Gould was
alleged TO have purchased some OF these articles
Two tiainsborough paintings were among the arti-
cles disposed OF. one of which Wertheimer had re-
peatedly asked the Count TO return, he said N
was hanging in his wfe's bedchamber and he
could not give II up.