The sun., 1919-05-09
BROTHER And SISTER !
SUE GEORGE J. COULD
Frank and Duchess de Talley-
rand Ask His Removal as
Executor Of Estate.
CHARGE S25,O00,OOO LOSS
Mrs. Helen NJ. Shepard Sides
With Defendant and Asserts
Belief in His Integrity.


ecutor and manager Of his estate. was
charged in the Supreme Court yesterday
with having so mismanaged the estate
as to cause 1t loss OF $4,000. 900, and
the court was asked to decree his re-
moval as executor and trustee.
The accusations against him are made
by his brother Frank and his sister
Anna, Duchess de Talleyrand. George
Gould in an answering affidavit has fled
an outright denial OF the charges against
him. and his denial IL supported by an
affidavit from his sister. Helen NJ. Gould
Shepard. who declares that she has
every confidence in his integrity and be-
lieves that he has administered his trus-
teeship with judgment, as well as hon.
esty.
The matter came before the court
yesterday in the form OF a return to an
order signed last week by Justice Plat
EEK requiring George Gould to show
cause why he should not be removed as
trustee and executor. Justice Whitaker.
before whom the order was made return
1t until next Monday. when. 1t Is pre-
sumed. he will appoint a referee to take
testimony, as the principal questions
presented have to do with large sums of
money, intricate points of accounting and
the passage of years OF time.
settlement Asked in 1910.
AS long ago as 1915 all Of Jay Gould's
executors. which is to say, George, Ed
win, Helen and Howard Gould. Joined
in an application for a judicial settle
ment OF their accounts as executors and
trustees under their fathers will Frank
could and his sister Anna, both OF whom
I've in Paris and neither OF whom is an
executor, decided a short time ago that
the proceedings relative to the judicial
settlement has gone on long enough and
taking advantage OF the fact that George
could is legally a resident OF New Jer-
sey were able to ask New York court
10 grant them summary action and give
them an order to show cause.
Justice Platzek's order contains a
clause enjoining George Gould from re-
moving any books OF account or other
papers relative TO the estate from this
Jurisdiction.
Neither Frank Gould nor the Duchess
de Talleyrand submit their charges upon
their own oaths, but make them by
Ol lHelr attorneys, waiter Is.
Walker for Frank and Coudert Bros.
for the Duchess. The main accusations
appear in Mr.. Walkers affidavit, which
is 273 pages IN length.
II alleges a series OF acts by George
Gould. which the court Is asked to con-
slider sufficient grounds for his removal
as executor and trustee, charging among
other things: Breaches OF fiduciary
duty, violation OF confidence. improper
i7vestment OF trust funds. the taking OF
secret commissions at the expense of
tho trust estate, commlnglng of trust
funds with his own. action between him
self and some one representing him to
secure to himself private profits aggre-
eating more than 100000, the issuing
Of false and fraudulent statements and
The destruction by him by fire, with
the assistance OF his son Kingdom, of
records and books OF account which
would have shown the uses made OF
certain funds of the estate.
Unauthorized Sales ALLEGED.
Complaint is further made Of per
sistent and consistent violations of the
aw as trustee, and acts contrary to
law and common honesty. resulting in
an aggregate loss to tho principal ana
income Of the estate during the term
0. his administration of $25,OoO,o0o.
by refusal" the affidavit says ANAL
". TO mako restitution to his trust
and 10 await decision by tho court OF
his claims arising out OF his use OF es-
tate funds. he discloses an utter insen-
sbility to and a disregard Of fiduclary
morality and the obligations requiring
Trustee to protect his estate arst and
himself afterwa.d."
The affidavit 10 supported by affidavits
and requests for removal executed by
Coudert Brothers for the Duchess de
TaIeyrand, Philip L. Miller as attorney
Tor William Nelsoe Cromwell. guardian
ad liten for all the children born to
Anna Gould wheo she was the wife OF
Count Boni dc Castellane. and Walter
F. Carter as guardian ad Item OF Dor
othy Gould. Mr.. Carter charges the I'M
authorized sale Of wessrn Union Teie-
graph securities which brought Mr.
Could a profit Of $500, 4o1, and afftrms
that the amount was withheld from the
e..ate until Mr. Gould had been served
with an order for an examination before
trial, when he placed the money. with
out interest. to the credit of the cstite.
The affidavit fled by her attorneys
for Helen Gould Shepard does not sup
port the attitude OF the other affiants,
il says:
This motion asks for the removal
VI INV DrotneT btoTBc as eAeCuNOT, anu
my understanding is that no act OF mine
has any relation to the determination
OF this question. Therefore, it appears
Inappropriate and unnecessary for me
now 10 answer In detail the various al
'"gations contained in the affldavits filed
In this motion bearing upon my knowl-
edge Of participation in the management
~ the estate. Taken as a whole. these
allegations are inaccurate and distinctly
misleading, and the actual facts will be
clearly brought out at the proper time
IN the suit now pending for the account
'1C of the executors and trustees"
Estate Once Worth e2OO.OOO,OOO.
LAY Gould, who died In 1892, left an
eT'0'e OF the value OF $4,000. 900, con-
''''I-g largely OF railroad securities
VIXEN later under the management ~
his son George increased in value until
" VAS considered to be worth $500. 000.-
400 S;ill later. on account principally
~ ;hs Vaccinations OF other railroad
'h'''r, the value OF the estate shrank
S'T'"~hat, Each OF Jay Gould's sons
hHt daughters who 10 an executor re-
cf.vfs $4,000 a year in lieu OF commits
s.onS, George. who was appointed man.
'Eef ~ the estate by his fathers will
"FE vested with important powers re-
wed 100000 for the services which
- lad already rendered In connection
Nl'h his fathers properties. The clause
We Will providing that no shall have
~" money reads:
"iy beloved son George J. Gould. hav-
n2 1c"eioped n remarkable ability and