The Washington times., 1919-05-13
GOULD RESENTS HIS.
INCONSISTENCIES

NEW YORK, May 13.-George ].
Gould, who is defending supreme
court proceeding by his brother.
Frank J. Gould, for his removal as
trustee of the estate of Jay Gould,
his father, has filed a motion to
strike many allegations out OF the
complaint. He says they are scan
dalous and impairment"
He wants the following matter
stricken out:
Objects to Fraud Charge.
Statement by Walter B. Walker,
attorney for Frank J. Gould, that
when he began to examine George
Gould before trial "he did not con-
template any such NEUTRALITY-SUSPICIOUS.,
gross negligence and fraud as i'm
mediately began TO be disclosed"
Statement that Gould was involved
in a cowardly effort to take refuge
behind the acts OF his sister, Mrs.
Helen Gould Shepard"
Statement that Gould's answering
affidavit was IAN insult to the in
telligence OF the court and an at
tempt to throw dust in the eyes of
the court"
Resents other Charges.
Mr.. Gould also objects to the state
ment made by Walker in answer to
GouId's assertion that he acted as
agent for his wife in purchasing Pa
cific Express Company stock that
"he Could is attempting to hide
| behind an alleged agency for his
George Gould is admittedly untrue
to his trust"
Certain statements made by Philip
L. Miller and Howard T: Kingsley
as counsel for Anna Gould, Duchess
de Tallyrand, are alleged to be scan
dalous and impertinent. George
Gould wants the following allega-
tions by Miller stricken out.
That Edwin Gould was aware for
many years that George J. Gould
has shown by his management Of
the estate such a lack of personal
honor and integrity as to unfit him
for the duties of executor and trus-
tee"
That the failure OF George J. Gould
to pay to the life tenants (brothers
and sisters) S473,547 as interest on ad-
vances of 1880, 332 to the Interna-
tionaI and Great Northern railroad
was a gross and wilful fraud
That when the estate paid $6,73O.-
900 for the issue of Missouri Pacific
bonds it represented an increase of So
per cent of the estates investment in
Missouri Pacific securities, which was
a gross abuse of discretion, because
there were safe securities be could
have invested in"
Elimination is asked also OF a state
ment that George ]. Gould, by taking
a profit on Kansas and Colorado bonds
in an underwriting transaction.
amounting to $3S7,77O, committed "a
gross breach Of hduciary obligation
and was a dishonorable action which
alone, is sufficient to require his
! George J. Gould's) removal"
Calls Them "ScandaIouE."
The following assertions by Kings
/ ley are alleged to be scandalous and
asked to be stricken out:
! That George J. Gould exercised
/ dominating influence over the other
trustees and dictated their policy"
/ That he took personal profit by in
vestment of estate funds and caused
| the estate to assume the burden of
his losses"
George ]. Gould also asks the court
! to strike out Of the affidavit by Wal
/ ter Z. Carter, guardian for Dorothy
Gould, a daughter of Frank J. Gould
! by his first wife, a statement that
George ]. Gould took "a secret profit"
| on $500, 4o1 and failed to pay interest
/ for eight years on this amount.
! This is the part OF the commission
on the sale of Western Union stock
which Gould kept from 1909 to 1917
and finally turned back to the estate
| by advice Of counsel.