The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-05-13
GOULD ASKS COURT
TO EXCISE CHARGES
Wants Allegations Stricken
From Record as Scandalous
and Impertinent.
HEARING THIS MORNING
Cites Clauses He Objects To as
Rejecting on His Per-
sOnal Honor.

George ]. Gould. principal executor
and trustee under the will of his father,
Jay Gould. and whose brother and sister,
Frank and Anna. are seeking by one Of
the summary methods Of the law to have
him removed from his trust, availed him
self In turn of one of the short cuts of
the law yesterday and will ask the Su-
preme Court this morning to strike from
the record every allegation in the papers
rejecting on his personal honor.
An application for a judicial settle
ment of the accounts of all the executors
OF Jay Gould's will has been pending in
the supreme Court since 1916. but last
week Frank Gould and his sister, the
Duchess de Talleyrand, availing them
selves OF the fact that George Gould is
legally resident of New Jersey, OBJ
tained an order to show cause why he
should not be summarily removed as ex-
ecutor and trustee. They alleged, through
their attorneys, that he had been lack
ing In fidelity to his trust and that he
had made personal profits in transact
tons of which all the benefits should
have been placed to the credit of his
fathers estate and that through his ad-
ministration OF estate fundss and bust
ness the estate had suffered a loss of
$25 900 900.
Order ReturnabIe To-day.
Affidavits filed in support of the mo-
ton ran to hundreds of pages and were
outspoken in charges Of wilfui misman-
agement and acts Inconsistent with
common honesty" George Gould has
acted as principal executor of his ia
a a M Mt ~ nj
The order to show cause is returnable
before Justice Whitaker this morning.
and In accordance with a motion made
by George Gould yesterday Justice
Whitaker will be asked at the same
time. passing on both motions at once,
to rule that all statements made In the
original moving papers touching on
George Goulds integrity be striker out
as scandalous and impertinent and argu-
mentative and as unwarranted conclu-
sions OF law and fact.
Mr.. Gould asks in the first instance
that the entire aff1davits of Walter B.
Walker. Frank Gould's attorney, and the
attorneys for the Duchess de Tallyrand
| be stricken out, or that failing that
eighty-seven single statements contained
in the affidavits be expurged. Some of
the statements to which takes OBJ
lection are:
| One by Mr.. Walker that upon examin-
J ing Mr.. Gould before trial he had i'm
ag1ned 1t would be only a matter of a
few days and did not contemplate the
discovery Of maladministratIon. misap.
preparation, gross misconduct and neg
lect such as Immediately began to be
disclosed"
The statement that George ]. Gould
has been guilty Of a cowardly effort
| to take refuge behind the acts of his
sister, Helen
That Georgia, in a letter to his sis.
| ter. the Duchess de Talleyrand, gave
evidence "of an attitude toward the
court which was reprehensible." and also
that in an affidavit OF his own 'he made
statements which were an insult to The
| intelligence Of the court and attempted
to throw dust in the eyes of the court
That he made a bold. outrageous at
tempt to hide behind the agency of hi,
Wife in a matter pertaining to Pacific
Express stock. and that ut Is not &
matter at this time who gets the profit
| George was admittedly untrue to hi
trust
That Edwin Gould has not for year
been. aware that George ]. Gould, hi,
cotrustee. has shown, in his managemen
of the estate such a lack OF persona
honor and integrity as to unit him To-
his duties as executor and trustee"
An allusion to Helen Gould Shepard
| trusteeship lin so far as 1t may be re
garded as indicating that Helen Goul,
Shepard has been guilty of negligence
in respect TO her participation in thu
management OF the estate in not becom
ing aware of George Gould's want o
honor and integrity and gross negligence
and repeated recklessness in unlawful,
committing the funds of the estate 4
adventures speculative and hazardou
to an extreme degree"
Gross Negligence Charged.
An assertion that the payment to tn
life tenants of s475.o00 in unpaid inter
est on International and Great Northern
securities, was a gross, wilful frau
on the remaindermen in view OF tn
fact that the trustees were the If
tenants"
And. that when the estate PAL
s6,733,000 for Missouri Pacific bond.
il represented 35 per cent. increase i
the estates investment in Missouri
PACING The trustees were guilty o
gross negligence in this clear abuse o
discretion. Safe and sound securitle
might have been invested in"
And that the retention by George !
Gould of profit on the underwriting @
Kansas and Colorado Pacific bond
amounting to s3S7.770 constituted
gross breach OF his fiduciary obligatio
and an unworthy and dishonorable &C
which alone is sufficient TO require hi
; removal"
George Gould in an affidavit prev
ously filed has said that IL there is an
principal'or interest due the estate fror
him he is ready and able TO pay It an
that the estate is well secured. He de
clares that the estate owes him $l44,2O
as the result Of his overpaying 1t on III
proceeds of certain Colorado fuel an
t iron stock. In regard to the accusatio
made by his brother that he has burne
all papers relating to the estate prio
to 1912 he has sworn that all the paper
7 he burned were old memoranda an
that any of them which related to tn