The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-11-20
Appeal for $4,000 Allowance
Turned Down
$4,000 FOR COUNSEL FEES
Justice Beschof Decides That Hus-
bands Annual Contribution Of
$4,000 is Fair and Just

year as an adequate allowance
which Howard Gould should pay his
wife, Mrs Catherine Clemmons
Gould. who is suing him for a sepa-
ration pending the trial of the suit
Al the same time the court fixed
$4,000 as reasonable cousel fee for
! the presentation of Mrs. Gould's case
In her application Mrs Gould asked
for an allowance of 100000 year
| and $4,000 for her counsel Clarence
! j. Shearn She set forth that her
husbands income Is at least 100000
a year. and made the statement that
it cost her $1,000 month TO live, for
bare necessities. The application
for 100000 a year alimony is the lar
gest ever made to Justice Of the
| Supreme Court in New York County.
| Mr.. Gould has been voluntarily allow
ing his wife $25, 600 a year.
Justice Bischoh I'm his decision
says:
In it's last analysis the argument
of counsel for the plaintiff may be
said to be that $4,000 a year should
be allowed the wife pending her ac-
tion for separation, because her
husbands income is four times that
amount. and she has become yersed
/ in the details of spending IL. and
while the schedule of her needs which
she submits appears TO fall somewhat
short of $1,000 a month, II is perhaps
conceivable thai some of the items OF
pecessories NAV he Increased If she
/ sbould enter unop the task of dis.
rributine money for Them
IN Two automobiles at a cost OF
81 oOo each become worthless within
"a veor /, may he necessary through a
/ elipbf miscbauce io purchase still an.
other during fbot limo and the plaiu.
u0s estimate of Sfg. 900 Tor this in-
cident fo her suuporr could readily be
increased fo s1N 000 IL her experience
of mechanical matters from the dis.
nursing yiewpoint is reliable Again
line fmires submitted for suitable au.
parel during the year might comedy.
ABLY Doe increased much beyond $751;
600 since the basis adopted is NOT
what Is to be- worn. but what is 10 Dr.
boucht. and i'm view of that fact that
the estimate of $1,000 month does
NOT include ANYTHING for charitable
donations or for travelling expenses
[ NAV take 10 as established that IN,
plaiutiG could physically succeed m
spondiur S12O.0Oo year If the court
sbould direct her husband 10 give heI
tho means and this without her hay
Inc assets 10 show for the expenditure
M the end of the year other thar
articles which she could conveniently
give away 10 make place for the dis
posaI of the next years cash.
"No rule has however. been ADOPT
ed bv the courts that n wife is en-
titled 10 one-third of her husbands
income irrespectiyc of that incomes
relation 10 reasonable expenditures o
the person who possesses H. and ID
the case of an income which is man,
times excessive OF all reasonabl,
needs for the maintenance Of "a famill
IN lavish abundance the principles %
apportionment for the wife's supper
which have been applied to cases %
ordinary living incomes have no rea
cogencv
Now In the present case the plain
tin asserts a certain station i'm life
because NJ her marriage In a man
prea, wealth That station has bee,
exempliRed through his establlshin.
very exnensiye places of abode. nj
maintenance of large Yacht. and Mi
emnlovment of his income general
in such uise as 10 obtain the luxurie
which are witbinthe plft OF ciyiliyatlo
and while she lived with her hisban
the nlnntiff particlpntpd I'm the su
: roundinge ~ tbis ,station
/ ,sTbe continunnce of this STYLE d
I+1iving however wns SOLELY MI the hu,
hands viii Ue WINS entitled to spcn
his own money nj his choice. and N
Inv comnolled him IN confirm, m
snepdlng and had he M any time see
M IN live ma sunnori his vie n, IN
rnte of $40 600 or COZ 600 "A year. CO
family mo- court would bo found /
frown unon bIs policv mr. to give bee
| IN the wife's plaipt that she had su
fored prievous iniurv IN her static
In no" IJor marriage to the defer
dant tb,p which involyed mo nssi,r
mcni In her of ,nv nnrtieular fraciio
of his Income brought her In st
lion eonnl IN Inn, M the vic of mn
man of annie moans-ns tho oueslir
h nrcsented with reference I'm b
award of alimony--but that station