New-York tribune., 1919-05-10
George j., Defendant, Says
Animus Exists Because
of His Opposition to
Annals Second Marriage
House Was Divide d
Trustee and Helen Were
Arrayed Against Frank
and Anna, He Declares

Additional affidavits, on file in the
Supreme Court yesterday, contain more
details of the differences existing
emphasized a personal element that
didn't apnear in those quoted before in
the proceeding brought by Frank j.
Gould to have his brother, George j.
Gould, ousted as trustee of the estate
of their father.
They tell some of the differences that
led up to the present division of the
family of the great financer with
George j., Edwin and Mrs. Helen Gould
Shepard on one side and Frank and
Anna, Duchess of Tallyrand, on the
other, with Howard apparently neutral.
Also these documents set forth more
fully George J. Gould's side.
Action Called Animus
The Duchess de Tallyrand has joined
with Frank in asking that George j..
be removed by the court from the trus-
teeship. The affidavits reveal, too, the
opposition of Brother George and Mrs.
Shepard to the second marriage of their
sister.
In reply George J. Gould says that
the action is the result of personal
animus.
"My sister Anna" he says, "has long
been unfriendly toward me. Her state
of mind is explained by the following
features:
''1-In 1896 she complained of in
vestments by Helen and myself as her
guardians. These investments were
made in accordance with our fathers
desire to lenu aid to the Missouri Pa
cifc system. We charged her nothing
for services. She later executed full
releases to us as guardians.
"2-She at one time, with Frank
Gould, threatened suit against the ex-
ecutors unless they would forthwith
distribute tc the life tenants interest
on the International and Great North
ern loan, which the executors withheld
because of certain questions raised.
She and Frank forced the distribution,
of which the guardian chosen for her
children now complains.
Second Marriage Opposed
"3-My opposition and that of my
sister Helen to Annals second mar
riage aroused in her bitter feeling.
complaint to be prepared as basis Of
suit to test the validity and applica-
ZION of the seventh paragraph of the
second codicil of our fathers will.
These proceedings ended because we
finally gave our formal consent to her
proposed remarriage.
"4-After the beginning of this suit
and before my examination began,
understand Anna expressed her pur-
pose to array herself against me. She
and Frank refused to accept the guard
ian suggested for their children. In
1916, when the suit was filed, there was
no indication that it would be other
than friendly accounting to get the
estate operations, which have been COW
efed oy yearly settlements, in perman-
ent shape by this court accounting"
The Duchesse de Talleyrand. THROUGH
Phiiip l.. Miller, her attorney, says in
her petition that large loss resulted
to the estate by the acquisition Of 2.5Ov
shares preferred and 5000 common
stock OF the Denver E. Rio Grande
Railroad for $96,225.
"Gambled for Big Stakes"
This is one of the large number Of
lnvestments,' says the affidavit filed
IN behalf of the duchess, "totallinp
miiions, to which, through the efforts
OF George j. Gould. the trustees com
mi1ted the funds of the estate, which
were directly or Indirectly connected
with an endeavor, which resulted in
disaster, to build up around the Mis-
souri, Pacihc and its subsidiary roads
great transcontinental system ex
cific e
Their stocks have been of a highly
speculative character, subject to ex-
cess've market fluctuations, and either
non:alVidend or uncertain dividend
paying. He knew this to be fact. and
IN pursuit of his grandiose scheme Of
transcontinental expansion, of which
George j. Gould was the prime mover
.he trustees committed the funds of
.he estate to enormous amounts. Pat
cehtiy they ran the risk of disastrous
aaiufe' @ however alluring may have
7Seneo the rewards of their success.
Investment Called Negligence
Inc project was known to GEORGE
.. uouid to be hazardous gamble for
great stakes, requiring for success and
contamination exceptional execut;va
and financial ability, the power to se7
cure ana hold the backing OF great
Mhanciai interests, and unremittinp
vigilance, adroitness and resourcefuj,
ness IN meeting the opposition Of com
reutors and, IN addition thereto. the
Iavor Of fortune. The inyestmen+ ~
me funds in this project was gross
negligence, unlawful and in man;fest
abuse Of the powers and discretions Of
ine trustees" "a
AS to the qualities referred tn nv
ms ms sister in the foregoing statement
Mr. Gould says ne felt much nr;dn
over the esteem in which nv sather
neie me after twelve years Of close
daily observation" He quotes frnro
TWO letters from Jay Gould "a prea,
ana shrewd judge of men" One ~
these. dated March 10, 1892. the vear
Jay Gould died, read, "My dear son.
20 not work hard. Take plenty Of
9a,door exercise and plenty of air.
care not think what would hapnen II
anytning went wrong with you. So.
ny dear boy. for my sake scompiy E,
with the foregoing" z9afs'''f''
Another letter, written tuyn -nenr ~.
iatsr, saids my dear son: What yn,,
40 VIII nsyer be questioned. hsvs
arrays tried to impress upon you to
take all responsibility upon tho snot
10 everything s"' 'p'e
Tries to Justify Investment
George j. Gould in his affidsv;t q.
dertakcs 70 justify the purchase ~
me Denver and Rio Grande contro, -
behalf Of the Missouri Pacific. Ue do.