The daily times., 1919-05-19
OPPOSES REMOVAL
OF GEORGE GOULD
Lawyer for His Children, Conceding
Improper Acts, Objects to
Frank as Chief Trustee

Improper Acts, Objects to
Frank as Chief Trustee
New York, May 17.-William A.
w. Stewart, chosen by George J.
Gould as guardian ad litem for Glo-
ria and Edith Gould and Mr.. Gould's
grandchildren in the accounting pro-
ceeding by the Gould trustees, con-
ceded yesterday under questioning
by Supreme Court Justice Whitaker
that certain of Mr.. Gould's acts re-
quired his removed as trustee under
the will of his father, Jay Gould. At
the same time he insisted that Geo.
Gould's removal would not be to the
advantage OF the George Gould de-
scendants because he would be sue
ceeded by Frank j. Gould.
Mr.. Stewart made this statement
during the closing argument in the
application by Frank and Anna
Gould, now Duchesse de Talleyrand,
for the removal of their brother be-
cause of improper acts with respect
to the trust estate. Justice Whita-
ker sought to find where the twenty
respect to the application, and after
respect to the application, and after
Mr. Stewart made his statement he
was listed as mot opposing and not
in favor
Mr.. Stewart told the court he ex-
pected that the decree in the ac-
counting proceeding would direct, in
any event, that the six separate
trusts provided for in the will be set
up, and in that event Mr.. Gould
could not act as trustee for his own
children and grandchildren, and
they were little concerned with the
petition for his removal for that rea-
son. Mr.. Stewart, who was suggest
ed as guardian for the Frank Gould
and Anna Gould children when the
accounting proceeding was expected
to be friendly, but who was rejected
by them, said:
81 have listened with the greatest
interest to Mr.. Stanchfield Counsel
for the grown children of George
Gould) and Mr. Wallace (personal
counsel for George Could and
agree with them that in so far as the
separate trusts were not created,
that is not sufficient for his removal
Some investments undoubtedly were
made improperly, but don't think
any bad faith was shown. Technical
points of the law have been violated
with regard to investments, and the
trustees accounts should be sur
charged. The admitted fact is that
George Gould made secret profit in
the Western Union transaction, and
that was an improper action. It
would probably justify his removal.
"It has also been shown that he
mingled the estate funds in his own
speculative accounts. This was
most highly improper action. 1t has
been shown that in many instances
he took personal profits on estate
transactions. If George should be
removed it would result in the ap-
pointment of Frank as a trustee to
take his place, and I hardly think
that would be to the advantage of
my wards. If represented any
other branch of the family I would
favor Georges removal"
''You think your interests would
not be in jeopardy by Geo. Gould re-
lRaaiHngess atFustHee e''rask ked@ Justfee
Whitaker.
ST do not
"You think the interests of the
others require his removal?"
'tI do
Alton B. Parker, attorney for Ed
win Gould, said he appeared to op-
pose the motion. ''Edwin's position
is justice to the estate and to George
J. Could" said Mr.. Parker He
this matter for the account
ing should be disposed of first so the !
court will understand the situation
Henry w. DeForest, attorney for |
Mrs. Helen Gould Shepard, said:
Mrs. Shepard isa neutral, and doesy