The New York herald., 1922-04-25
HOWARD GOULD ASKS
RELEASE AS TRUSTEE
III Health and Continued
Absence From Country
Given as Reasons.
!ANiMUS is CLAIMED
Counsel Says Associates
Would Put 'Odium of
Removal on Client
TRIED z YEARS TO QUIT
Sister Anna Now Seeking to
Have Him Displaced by
Trust Company.
TRIED z YEARS TO QUIT

Howard Gould. through his attor-
neys. Taylor. Knowles & Hack of los
Broadway, obtained yesterday from
Supreme Court Justice Daniel f. Co
halan an order directing counsel for
other trustees and guardians of the
estate of his father. Jay Gould, to
show cause why he should not be per-
mitted to withdraw as one of the four
trustees of the estate.
Continued absence from this coun-
try and i'll health are given as reasons
for seeking TO be relieved from his
trusteeship. He has been abroad since
1914 and according TO an affidavit filed
by his counsel has mo present inten-
tion of returning"
The order which is returnable
Thursday is regarded as a defensive
move on TIE part of counsel to gain
his withdrawal before argument is
heard on a motion made April II by
William Nelson Cromwell, guardian
ad Item for the children of Anna
Gould. the Duchess of Talleyrand,
asking Mr.. Gouid's removal as trus-
Tee and the substitution of trust
company therefor, because he has SO
long been absent from the country
and from active participation in TIE
affairs of the estate. Mr.. Cromwells
motion is to be argued Thursday.
The effect of this motion. David IT..
Taylor. Mr.. Goulds counsel. sets forth
in an affidavit. is TO punish a man who
has desired for seven years past to re-
sign his trusteeship by forestalling his
application to resign by subjecting him
10 a motion to remove him from office
and to cast upon him the odium Of
removal"
Mr.. Taylor In his affidavit further
abroad his client undertook to withdraw
as trustee OF the family estate. that he
sought to have his brother Frank re-
place him. and falling in this. wished
to designate a trust company. Failing
70 secure the necessary consents he
deferred action. according to Mr.. Taylor
until January. 1921. when he csbled his
counsel AMI urged the appointment of
trust company in his stead.
petition was drawn for the appoint
n1ent of trust company counsel vis-
tied him in England and returned with
the intention OF presenting the petition
to the courts. Objections again arose,
according to Mr.. Taylor. and Mr.. Gould
deferred tending his resignation until
A4..trr .f 70 frffG Tee
bv the court because of the embarrass-
rnent that would result from his doing
so before that time"
The affidavit also contained the fol-
lowing. among several explanatory para
graphs
I'm his (Howard Gould's) opinion the
vastly increased powers OF the Federal
and State commissions over the man.
agement, control and regulation of rail-
road properties Gin which the Gould
estate was then almost entirely in
vested) and the action of those commits
sons in imposing upon the railroads
onerous requirements and obligations
had created situate quite different
from that which existed at the time of
Jay Coud's death and had lessened i'm a
large measure the benefits which the
testator evidently had in mind would
result from the continuation OF the
Could properties by members Of the
family
with these conditions in view How
ard Gould had In mind as early as 1914
the thought that ultimately some plan
for the administration Of the estate by
K trust company should be provided forI