BRACERS Notes

Record no. Notes, topics or text
115529

BR is grateful for the honour but cannot travel to Edinburgh if he wins the award.

115530

Davies quotes Maw: "Thank you for your letter of the 29th ult. I now understand the position and must have misunderstood your letter of the 21st ult."

Davies informs BR that he "... asked Glyn Mills & Co. to let me have a cheque book and also to write and let me know how much stood to the account with them of the trustees."

Davies responds wittily to BR's evident charge that Maw was being Hegelian.

115531

Davies tells BR he sent the letter to Glyn Mills requesting the trust account's information. They replied saying "... they must return the order as it was necessary for it to be signed by all four of the trustees." Davies includes a new order for BR to sign (not present).

115532

Davies thanks BR for his letter of the previous day, and encloses a cheque "... in favour of Dora for £100 drawn on the trustee's account with Glyn Mills & Co. ..." and requests that BR sign and return it so he can send it to Mr. Lloyd and Mr. Meynell to sign.

115533

Davies tells BR that Dora's letter (of November 4) is a revelation, "demonstrating ... D's [Dora's] utter lack of any right to retain any control over the children adversely to you. For some time I have been concentrating thought on this point."

Davies goes on to ask BR if he will be replying to Dora's letter, if so, how, and offers two points of view regarding a response. Davies informs BR, "Next as to the divorce. I cannot help still trying to be patient and careful to preserve all possibility of her, for some reason, good or more probably bad, still proceeding. If we had a case for you to bring the petition, the letter might help us very much."

115534

Davies has received BR's letter of the 9th and says: "... have been thinking how best to carry your points; and I enclose for your consideration a proposed letter to Maw, which I will send it you let me know that you approve" (not present).

Davies encloses a newspaper cutting (document .133530) regarding Griffin Barry. Davies supposes the item ("Mr. Bullit's Secretary") was supplied by Dora. It concerns Griffin Barry acting as attaché in Moscow to the U.S. Ambassador, William Bullitt.

Typed copy is document .101011dw, record 115859.

115535

Davies has received a cheque from BR and will send it around to be signed, and will send it along with his letter to Maw, which he has re-written including BR's addition.

Typed copy is document .101011dz, record 115862.

115536

Davies informs BR when they sent the cheque for school fees in October Maw wrote that the school fees were due to the trustees next on January 6, to avoid any delays.

Davies also informs BR that, "Each time that Lady Russell concurs in such payment the practice of paying the children's school fees out of the trustees account is further established, and it becomes increasingly difficult for her hereafter to object to any such payments on the principle that it is not in the interests of the children that their fund should be so utilised."

There is a further note at the foot of the letter saying, "... when are you coming to London or Dublin? It is horrible how time goes by without meeting."

115537

Davies quotes a letter he received that morning from Maw stating, "I beg to acknowledge the receipt of your two letters of to-day's date one enclosing Miss Spence's letter to you."

115538

That morning Davies received a stock receipt in BR's favour for £544.0.7 2 1/2% consols, and a cheque for £65.17.0, "... said to be the balance of your share in cash", from Withers as solicitors for the administrator of the Hon. G.W.G.  [Uncle Willie] Russell's estate.

115539

Re the Hon. G.W.G. Russell deceased.

"The securities and cash which you have received are correctly stated in the account as to your one-third share on pages 5 and 6."

115540

Re Telegraph House fire policies no. 6295975 for £3030, B.P. 6794229 for £80.

Coward & Chance have received notices regarding the above policies. The amount due on policy 6295975 is £4.12.3 and for policy 6794229 is £5.4.3.

The verso has a calculation in BR's handwriting concerning the amount in document .133541, record 115543.

115541

Re income tax.

Coward & Chance have received an income tax demand for Schedule A. Tax of £113.10.0 regarding Telegraph House grounds, and Schedule B. Tax and Schedule D. Tax of £112.11.9, totalling the demand to £138.7.0.

115542

Re Telegraph House.

Withers has sent a demand for £100, the quarter's rent for Telegraph House.

115543

BR is thanked for his cheques for the fire policies, "... and also the cheque in favour of Sir J.J. Withers for £83.3.9, being the rent of Telegraph House due the 25th instant after deduction of 16.16.3 income tax Schedule A, which you have paid. We cannot send this cheque on to Messers Withers & Co. without it being accompanied by the official receipt for the Schedule A. Tax. And we shall be much obliged if you will let us have the receipt so soon as you get it from the Revenue."

115544

Coward & Chance have received the cheque for £100, signed by Meynell. As it had been signed previously by Lloyd, BR, and the other trustees, Coward & Chance will send it to Maw for January 4 so Dora will have the cheque for January 6.

115545

Re Telegraph House.

Regarding the cheque BR sent December 27, Coward & Chance write, "The Schedule B Tax is not payable by you but by Lady Russell, and in any event this tax is not deductible from the rent payable to Messers Withers. Consequently your cheque should have been for £100 less the Schedule A Tax of £14.3.9 making £85.16.3." They inquire if BR has paid the Schedule A Tax, and if they should contact Maw to request payment of Schedule B Tax from Dora.

115546

Davies encloses a letter he received from Maw, along with one cheque for £83.3.9 and one for £2.12.6.

There is also a handwritten note from Davies under his signature stating, "Very many thanks for the invitation for Monday! I shall be there then."

Enclosed is document .133545.

115547

Re Lord and Lady Russell.

Maw writes, "Lady Russell agrees that it is desirable that an attempt should be made as soon as possible to come to an agreement about the children's schooling after that date." He informs Davies that while Dora may have at one point approved of their schooling being at Dartington, she no longer does, and prefers Bedales, though she is working on a list of alternatives in case BR does not approve of Bedales. Dora also finds it "... desirable that the children should have some part of their education abroad."

115548

Davies writes to Dora, "I never thought of imputing your wish to have the children at some school managed by you to any prospect of financial advantage." Dora tried to persuade herself, he writes, "that my efforts to promote mutual understanding have always been a disguise for destructive hostility."

Typed copy is document .101011ee, record 115867.

115549

Davies writes regarding his last letter to Dora (of January 16), saying, "I must take responsibility for doing so before consulting you; but some such prompt answer seemed desirable, as it would leave you able to disregard its ravings, as you did before, if you still think that course best...."

"Love to Peter and thanks for her letter."

115550

Re Telegraph House.

"The demands for Schedule A. Tax in respect of the house amounting to £28.7.6, and to which we referred in our letter to you of the 1st instant, has quite wrongly been sent by the collector of taxes at Chichester to Messers Withers & Co. made out in the name of Sir John Withers."

115551

A special meeting for the members of the Law Society Gazette is to be held Friday, January 26 at 2pm. "Mr. Edward Bell (London) will move:—'that "incurable insanity" is a justifiable ground for divorce.'" There is an X beside the motion, and a handwritten note by Davies saying, "I had better go and support this and then you could get on."

115552

Davies tells BR that he received a letter from Dora and has acknowledged it, responding only to matters that concerned him directly. He tells BR, "Dora's letter shews that you did well to refrain from answering her previous letter. She was obviously spoiling for further controversy, and having no further material from you has had to repeat herself in a maniacal way, thereby adding to the importance of her previous letter as indicating her fitness to control the children."

115553

Davies has written to Withers and encloses a copy for BR (not present).

There are a number of handwritten marginal notes on this letter. Some of them have political allusions.

115554

Davies tells BR, "It looks as if it will be all clear for you now to decide what school the children are to go to after the summer. Has she sent you the names of any other schools besides Dartington and Bedales, or written anything else to you? ... as regards to Telegraph House I hope that we shall hear from Withers something which will resolve the deadlock."

Davies encloses a copy of a letter he received from Dora (document .133552).

115555

Dora mentions Paul Gillard, and Griffin Barry's arrest.

Dora tells Davies, "I shall not go to the Hastings School. I hope ultimately to get a post abroad as a journalist.... My way out was perfectly clear this summer, but I did not take it because of the obligations I had undertaken. Had friendliness remained between Bertie and me it would have been possible to explain. But he has been revengeful and utterly unwilling to consider my position at all."

Typed copy is document .101011ef, record 115868.

115556

Re Mollie Countess Russell's trust; private and confidential without prejudice.

Withers writes to Davies, "I think I ought to tell you one or two difficulties there are in this case." The first he mentions is Lady Russell's age. She is thought to have been born on 24 August 1859, making her 75 the following August. The second difficulty concerns the cost of an annuity for her.

115557

Re Lord Russell, Mollie Countess Russell's trust, Telegraph House.

Davies goes into detail about the deed of agreement for Telegraph House, as well as the war loan and annuity, later taken on by BR, who has Telegraph House let to him for £400 a year. "He has been considering whether it will be in his interest that a sale should be effected or a long lease granted, and if so whether he should take such lease himself." If Telegraph House is empty after 1937 BR can live there himself, or rent it, but Davies points out, "If Bertie were to rent it, it would cost him more than if the Yankee rented it. If it stood empty, his reversion would be slaughtered, and he would be paying for another house to occupy."

115558

Davies encloses a letter he received from Withers on 27 January regarding Telegraph House, and another letter he received 30 January (both not present).

Davies has written notes underneath the typed letter: "We shall become poor in all senses if we have to wait till we have ascertained the date of Mollie's birth...." He refers to paying more income tax for the "next great war".

115559

Davies quotes the letter he wrote to Withers: "We are much obliged to you for giving thought to the matter, but it is so complicated that Bertie is now inclined to let it wait until Mollie dies, as it is not clear that he would gain any financial advantage from an earlier sale of Telegraph House."

115560

Re Telegraph House.

Davies writes, "It looks as if all concerned will be able to agree as to the sale and disposition of the proceeds, if a suitable price can be obtained."

Davies asks Withers, "Would it be possible for you to indicate what provision in respect of the annuity would be likely to be acceptable to you and Mollie. I supposed that all you and she are concerned with is that she should receive the annuity for the rest of her life."

115561

Davies quotes his response from Withers, to BR.

He quotes Withers as saying, "I think it would be a very advisable thing to sell Telegraph House if a good price can be obtained even if we do not distribute the proceeds, for I think that if a considerable sum was realised from the sale I might be able to arrange something with Mollie which would help Bertie."

115562

Davies tells he is "... considering the crux of the dual problem of divorce and care of children."

He tells BR, "I am not sure of a judicial decision to take the children from her and give them to you unconditionally; and any such move would destroy all prospect of divorce, which would distress me, having regard to Peter's unwillingness to have any children without it. If you had to choose between divorce and saving the children, I agree that you would have to choose the latter."

"I am asking Withers to get at the Duke about the packet of family letters." (Agatha's papers have gone to the Duke of Bedford, and apparently, up to some point, there was a packet of Amberley letters.)

115563

Re the late Lady Agatha Russell.

Withers tells Davies that his "... clerk, Mr. Jennings, went through Lady Agatha's Davenport and her personal cupboards, and afterwards Mrs. Randall, who was one of the executors and instructed to do it under the will, went through every paper without finding this particular bundle." Re an apparent bundle of Amberley letters.

Enclosed with document .133563, record 115565.

115564

Re Mollie Countess Russell's trust.

Withers has looked into the trust accounts and found accumulations of £212.8.2. He tells Davies, "In regards to the sum of £172.10.0 payable to the late Earl Russell under the deed of 2nd November 1929, I find that the amount was paid to him on the 13th January 1931. There was only this one payment secured to him under the deed so that there is no further liability." The interest on the war loan was reduced from 5% to 3.5%.

115565

Davies tells BR, "Your recollection has been a trifle too accurate in leading you to say that you are bound to offer Withers £300 a year for the house when your lease expires in 1937, but he is not bound to accept it." Davies quotes a letter Withers wrote to him saying, "... as far as I can see, there is no reason why I should not renew the lease when the time comes", to which Davies responded, and quotes, "Bertie understands that the position will be that he expects to make an offer to renew the lease in 1937 and you expect to agree, but that neither party is bound."

Davies goes on to discuss the deed of assignment, and whether or not BR will renew Telegraph House's lease in 1937.

There is a handwritten note from Davies saying "I enclose a copy of a letter of 14 February from Withers about the packet of letters. If you will send me the particulars he asks for you I will get him to beard the Duke" (see document .133561, record 115563).

115566

BR tells Davies he is "... glad I was wrong about being obliged to offer to rent T.H. after 1937."

BR asks Davies about his interpretation of a section of the deed of assignment: "It seems to me to say that, on Mollie's death, I am to receive from Miss Otter: 1. Telegraph House. 2. £4,300 war loan or stock of equal value.... Your view seems to be that, when Mollie dies, I get whatever the fund amounts to, whether more or less than £4,300."

"... I am poorer now than I am likely to be in the future."

115567

Davies writes to BR regarding the children's schooling. "As to Dora's letter of the 12th and your proposed reply which you had dated the 14th, my idea still is that you should avoid controversy with Dora by which she seeks to tie you up into fresh knots and to reduce you again to her level."

Typed copy is document .101011el, record 115874.

115568

Davies writes, "... in the enclosed note [not present] I have tried not only to trace the concatenation of the propositions on the papers before us, a barren effort on the part of that old ram, reason, but also by introducing him among his flock of ewes, the data, to bring to light the positive facts, and finally to ventriloquise duty to whisper low what thou must."

Davies calls BR a "jesting Pilate" for wanting to know what the truth is.

115569

BR tells Dora he would not like John and Kate to attend school at St. Christopher's. "I take it that, as Bedales is rejected, you assent to Dartington for the present—i.e. beginning in September—reserving your right to re-open the question at Christmas 1935."

115570

Letter is a typed copy of document .133567, with minor additions and revisions to it.

Typed copy is document .101011en, record 115876.

115571

BR tells Davies, "Dora had said, vaguely, that Dartington would be bad for adolescents, and I did not wish to leave this unexplained. She now says (in the letter you have) that what is bad about it is not allowing sexual freedom. This would not be a good argument to put before a court. I agree, however, that there is no point in further controversy." BR informs Davies that Dora has agreed to Dartington for the present.

"With regard to the divorce, the difficulty you mention is serious. Peter holds strongly that the divorce should not proceed, and I certainly do not see how we are to prevent Dora from using it as a means of whitewashing herself and getting a renewed grip on the children."

BR encloses a letter for Davies to forward (probably document .133568, ribbon copy, record 115570).

115572

This is a typed copy of BR's letter to Davies, document .133569, with a few minor additions.

Typed copy is document .101011em, record 115875.

115573

Davies acknowledges BR's letters of the 20th, and has sent BR's letter (document .133568, record 115570) to Dora. "As to Gillard, how did you get the information about Conrad's letter? What dishonesty is suspected? Any communication with the police would bring you up against Dora. Have you envisaged the developments?"

It is not known what letter from Conrad to BR is meant.

115574

Re Lady Agatha deceased; Lord Russell.

Re the letters BR has been inquiring about from the Amberleys, Withers has asked Mrs. Randell to identify them so they can be returned to BR.

115575

Davies encloses a letter he has written to Buckland.

115576

Davies encloses a note, which he has made for BR, and asks Buckland to review it (not present).

Davies asks Buckland "... why £65 of war loan and the cash were excepted when Miss Otter assigned her reversionary interest in the rest of the fund, and perhaps you remember the explanation."

115577

Davies writes to BR with the letters he's received from BR and Dora, trying to "... gather up the tangled threads of the last two or three months and justify what has been done resulting in the children being sent to Dartington next September on the footing expressed by you." Davies tries to do this in the form of a draft letter to Maw, which he encloses for BR to read (not present).

115578

Davies acknowledges BR's letter of 8 March and has made the changes suggested by BR in his letter to Maw.

Davies asks BR, "Do you know and/or did you ever and if so when favour actual sexual encounters for adolescent boys and girls and/or recommend the same in private conversation and if so where when and to whom and/or in published writings and if so which?"

115579

Davies has received a letter from Maw, 12 March, saying, "I have received your letter of the 9th instant and the enclosed copy letter [not present]. I am taking Lady Russell's instructions". Davies has heard nothing from Maw since.

115580

Maw has "... been instructed by Lady Russell to present a petition to the court for the dissolution of her marriage with Lord Russell on the ground of his alleged adultery with Miss Spence and I expect that I shall have the sealed copies of the petition ready for service after Wednesday of next week...."

Typed copy is document .101011es, record 115881.

115581

Davies writes to BR regarding the petition for divorce made by Dora. Davies informs BR that according to Maw, Dora will be claiming custody, and Maw also claims, "... that we stood now upon the deed of separation, and the outcome of divorce as to custody might be a matter susceptible of arrangement, on which you would of course be advised. My idea is that divorce might go forward conformably, with your resisting a claim by Dora (if she put it forward seriously) to an order giving her the legal custody, or arranging with her that no order as to custody should be made or that it should be made in an agreed form by consent."

Davies tells BR that, according to common law, until the children are 16 the father has a right to custody; however, this would not be allotted if the father did not seem fit.

Davies tells BR that in this "... case it may be that the prima facie right and preference of either parent is not very important, as neither of them is perhaps altogether impeachable from the standpoint of the court.... It is from this point of view that I would have been anxious for you all this time to act and state your case so as to shew you are more to be trusted to care of the children...."

"The old common law right of the father is barbaric...."

Typed copy is document .101011et, record 115882.

115582

Davies writes, "In a simple case in which an injured and blameless wife gets divorce from an altogether blameworthy spouse it is normal and natural enough corollary that the father's right of custody should be transferred to her. In the present case, neither can you confidently reply upon your present common law right, nor is Dora in a position to claim any order which could give her effectively the sole right of custody."

BR and Patricia must be served personally.

Typed copy is document .101011ev, record 115884.

115583

"Letter 1".

Davies informs BR that, "As there is in existence a settlement for each of the children, it is a simple matter to make them wards of court by issuing a writ on your behalf as the next friend of the children to which the trustees of the settlement will be defendants."

"Again we cannot relay on any bargaining with Dora as to the matter of custody in connection with the divorce." "Any one would advise you that to ask the Court of Chancery to make an order giving practically the sole custody of the children to a father who was living in adultery would be a very uphill task, and that you could probably have to ask the court for something short of such an order; although of course, on all occasions we should emphasize that you are really blameless as a father and that their association with you and Peter would be for their benefit, whereas their association with Dora would be for their detriment."

Davies discusses issuing a writ to make the children wards of the Court of Chancery.

Typed copy is document .101011ex, record 115886.

115584

"Letter 3" (letter 2, probably document .133582, is not present).

Davies informs BR that, "The plaintiff must be some next friend of the children—not yourself, not one of the other trustees of the settlements, not I." Davies has asked Mrs. Brenan, and she will ask Blair Brenan. Thus a hitch has occurred in the plan to issue the writ today.

115585

Davies encloses Buckland's response to his letter of 23 February, re Telegraph House, document .133585. "The main reason why we referred to him was to make it clear that Miss Otter was not seriously concerned in any dealings with Telegraph House. That is now sufficiently certain...."

115586

Buckland tells Davies, "The whole question of the accumulations of income is one which must depend for its answer upon the recollections of us all as to what transpired when we were negotiating a settlement." He tells Davies that he is very busy and Miss Otter rarely visits London, and asks to consider this issue in a few weeks' time.

Enclosed with document .133584, record 115585.

115587

Davies has issued two writs for the children, "... by which the children acting by their next friend sue the trustees of their settlements for the administration of the settlements, and thereby become wards of the courts."

Davies informs BR, "If we should find that we are not reaching very firm ground in the Chancery court with regard to custody, we can consider taking steps to torpedo the divorce."

Enclosed is document .133587.

Typed copy is document .101011ex, record 115888.

115588

Acknowledging Maw's letter of 9 March saying he was "... about to issue a petition on behalf of Lady Russell and wished to arrange for service of it on Lord Russell as respondent and Miss Spence as co-respondent."

Enclosed with document .133586.

115589

Davies tells BR Withers has sent a demand for the rent of £100 due. "You will remember that when the December payment was made we deducted Schedule A. Tax on the Down and sporting rights amounting to £14.3.9. After the December payment had been made you had then settled the income tax Schedule A in respect of the house amounting to £28.7.6."

115590

Enclosed are document .133590, record 115591, and document .133591, record 115592.

115591

Re Telegraph House; Mollie Countess Russell's trust.

Davies writes, "The object in clearing up the position arising from Bertie's purchase from Miss Otter of her reversion was to make it clear that Miss Otter was not seriously concerned in any dealings with Telegraph House. ... Bertie is now anxious that we should pursue the main objective which we had in view when I wrote to you on the 19th January last, namely, to obtain your co-operation in turning Telegraph House to account, seeing that after June next Bertie will be responsible to pay you £400 a year rent, and will be receiving no rent himself unless a tenant is found."

115592

Davies writes, "In view of Lady Russell giving up possession of Telegraph House next July Lord Russell wishes that a complete inventory should be made of the contents with a view to Lady Russell and himself checking it and identifying what belongs to him and what to her."

Messrs. Chinneck are to make the inventory.

115593

Tylor is writing on behalf of Crompton, who has left for Ireland.


Tylor informs BR they have had the conference with the new counsel and "... it clearly emerged that they did not ... see eye to eye."

115594

Davies received a renewal notice for insurance of Telegraph House, and sent it to Maw. He quotes Maw's response from 25 March in this letter as saying. "I thank you for your letter of yesterday's date and the enclosed renewal notice which I am sending to Lady Russell for her attention. There may have to be an adjustment later should my client decide to accept the offer put forward that the children should go to Dartington and consequently close the school."

Davies quotes another letter received from Davies 28 March; "Referring to the insurance Lady Russell tells me she paid Lord Russell £5 off in February which she was understood was in respect of this insurance...."

(The school closing refers to Beacon Hill School.)

115595

"I hope Maw's people did not bother you too much poking about at your hotel."

115596

Tylor writes, regarding an appearance, "No useful purpose would therefore be served by entering an appearance, but Mr. Maw has suggested to me that you should do so in order to enable him to get over the difficulty of the mistake he has made to your name. I am not at all sure that the difficulty could be got over in the way he suggests, and there is the further point that even if it could be done it might be undesirable to waive the mistake in view of the fact that we have been advised that this is a case in which the parties should keep at arm's length."

Enclosed with document .133596, record 115597.

115597

Tylor writes, "I have provisionally arranged a joint conference with Mr. Bucknell and Mr. Uthwatt on Monday, the 16th instant, at 4.30. I understand that the joint opinion will probably not be ready until early next week. Whether or not we shall have this conference depends upon the contents of the joint opinion, but as you know our intention was that it should be written with a view to a further discussion at which you would be present."

Enclosed documents are .1335967, .133598, and .133595.

115598

Re: Russell, infant settlement.

Rowe & Maw have put "... entered appearance for Lady Russell in these actions and enclosed sealed duplicates" (not present).

Enclosed with document .133596.

Typed copy is document .101011fg, record 115895.

115599

Re Russell.

Maw writes, "I should like to see you with reference to the infants settlements as soon as you return from vacation."

Enclosed with document .133596, record 115597.

Typed copy is document .101011fh, record 115896.

115600

Re Telegraph House; fire policy no. 6294354.

Davies has received a demand for the premium payment from Guardian Assurance Co. Limited of £9.2.3 re the fire policy for Telegraph House. "Since Dora was liable under the terms of the deed of separation to pay the premium I sent the demand to Maw asking him to return it with a cheque to discharge the premium. He replied that he thought Lady Russell should not pay the whole of the premium, but only a portion down to the end of July when she vacates the premises. I think this is a reasonable suggestion...."

115601

Re Telegraph House; Mollie Countess Russell's trust.

Davies has enclosed a letter from Withers, document .133601, record 115602.

115602

Re Telegraph House; Mollie Countess Russell's trust.

Withers has received Davies' letter of 27 March; "I will immediately write to Mollie Countess Russell and ask whether she will be prepared to agree to the house being sold."

Enclosed with document .133600.

115603

Buckland tells Davies that he has finally seen Miss Otter and been able to bring up Davies' questions from his letter of 23 February. "I should like to say at once that 'Miss Otter's view, based on her remembrance of the negotiations, is that she is entitled not only to the amount of the accumulations actually in the hands of the trustee at the date of the assignment of the reversions but also to any further accumulations which might be in the hands of the trustee at Molly Countess Russell's death.'"

Documents .133603-.133606 are grouped together with a green ribbon and a blue backing in one corner.

115604

Re Mollie Countess Russell's trust; Telegraph House.

Withers writes, "I am awaiting Countess Russell's consent to the sale of Telegraph House...." Withers asks Davies what agents BR will be using, as well as the asking price for Telegraph House.

115605

Re Mollie Countess Russell's trust; Telegraph House.

"I have got leave now from Mollie Countess Russell to take the preliminary steps with regard to the sale of Telegraph House, subject of course to a proper price being obtained."

115606

Re Russell; Telegraph House; Mollie Countess Russell's trust.

Davies tells Withers BR has suggested as agents, Constable and Maude or Mercer's, but is open to other suggestions. "As to the price, I think his idea is £5,000 or £6,000, but I will ask him again."

115607

Davies writes, "While feeling with you about the troubles of the children, I was glad to get your letter of the 12th and will be considering how to utilise it."

Davies encloses a note he sent to Mr. Malcolm Hilbery with regards to their conference "this evening", 16 April (document .133608, record 115608).

Typed copy is document .101011fl, record 115900.

115608

Re Russell versus Russell. (A note for a conference with Mr. Hilbery.)

Davies writes, "Having regard to the deed of separation in this case, (a) the petitioner and her advisers, as a matter of candour and proper pleading, should bring to the notice of the court of Dora's adultery with Barry and the existence of the two children by him; or failing that, (b) the respondent may do so by calling for or tendering the deed."

Davies quotes a letter sent to him from BR outlining the children's immense unhappiness with their current schooling. Enclosed with document .133607.

115609

Re Telegraph House.

"Please see sheaf of copy letters enclosed and let me have your further views" (not present). The sheaf may be documents .133603-.133606.

Typed copy is document .101011fk, record 115899.

115610

Davies writes, "Mr. Hilbery thinks that it would be proper for me to submit to Mr. Maw a form of order with regard to the children which the Chancery Judge might be asked to make, and to ask whether he would advise Dora that she should agree to such order being made."

Re summer holidays.

115611

"One of my ideas in suggesting this form of order is that it is better for you that a temporary order should be made than a standing one on the footing of equal rights...."

Enclosed is document .133612, record 115612.

115612

Re John Conrad Russell and Katharine Jane Russell by their next friend and their trustees.

"I therefore write to say that it appears to me that a proper application to the Chancery division would be for an order to the effect that John and Kate should remain at Beacon Hill School until the end of the summer term, and should then spend the holidays with Lord Russell, and in September go to Dartington School for a year, spending their holidays half with Lord Russell and half with Lady Russell."

Enclosed with document .133611.

115613

Re Russell versus Russell.

Davies informs Rowe & Maw that BR has decided not to file any answer to the petition, and therefore the particulars asked of them in a letter of 9 April, are not necessary.

115614

Re mortgage of land at Steep.

Davies has paid £71.13.9 to Glyn Mills "... in respect of the above mortgage after deduction of income tax and 10/- our charges."

115615

Re John Conrad Russell and Katharine Jane Russell by their next friend and their trustees.

The letter is a draft and shows corrections to be made to it. The original draft of this letter is document .133612.

Malcolm Hilbery, K.C., approved the draft. It shows amendments by Mr. Andrews-Uthwatt in red.

115616

BR tells Davies that the children, especially John, are miserable at school. BR tells Davies that Betty is a large source of the problem, as she "bosses the place, and eggs on the bigger boys (whom she vamps)". "They were both so wretched at the thought of returning that we invented a scheme for keeping them another fortnight." He brings up Betty again, saying, "The idea of going, later on, to a new school run by Betty (which is what Dora wants) fills them with horror. They hate Betty passionately, and justly."

This letter is part of document .133608, record 115608.

Typed copy is document .101011fj, record 115898.

(The children were at Beacon Hill School.)

115617

The document number .133616 is page 1 of the letter, which is continued at document .133620.

Davies writes, "I have received your letter of yesterday's date saying that you would not object to an order to the effect which has been proposed." Davies encloses the latest copy of the letter (not present) for BR.

Davies tells BR, "In order to save the divorce from wreck and serious discredit to you and our firm it is essential that we should remain clear of any imputation of collusion." Maw and Dora have decided to go through with the divorce, as well as a custody order, and he does not "... therefore think it essential that the letter should be written before your position in the divorce proceedings has been defined...." "The immediate point therefore is whether with regard to custody it would be better to do nothing until the position develops in the divorce court...."

Davies encloses two letters he has written to Maw (documents .133621 and .133622), "... with a view of safely ascertaining whether Dora is prepared to allow an order to be made by the Chancery Judge and then to proceed with her divorce."

There is an extra page attached to the letter saying, "I have to write this letter very hurriedly to catch the post. If there are any blunders I will ask Mr. Davies to write you a further letter tomorrow, but I think it should be alright." It is signed by D. Barrs, who also signed the main letter for Davies.

115618

Re Telegraph House.

Davies encloses a letter of 17 April from Withers, document .133618, record 115619.

Davies informs BR he thinks they have cleared up the position with Miss Otter.

Enclosed document is .133618.

115619

Re Mollie Countess Russell's trust; Telegraph House.

Withers writes, "You will appreciate the fact that my representative has on more than one occasion explained to you that I am the trustee of the settlement and am the only person who can sell, and that with Countess Russell's consent, and therefore all effective instructions must necessarily go from me."

Enclosed with document .133617.

115620

Re Lord Russell; Telegraph House; Mollie Countess Russell's trust.

Davies informs Withers that BR was guessing at asking £5000 for Telegraph House, but cannot "... judge as an agent could." Davies writes, "From your letter I gather that unless Mollie has other wishes, you will be in a position to instruct Messers. Constable and Maude."

Enclosed with document .133617, record 115618.

115621

Re Russell versus Russell.

Rowe & Maw are informed that BR has not decided to file an answer to Dora's petition, and therefore the particulars requested from Rowe & Maw are no longer necessary.

Drafts of this letter are documents .133613 and .133615.

Enclosed with document .133616, record 115617.

115622

Re Russell; Telegraph House; children's school fees.

Davies acknowledges Maw's letter of 18 April, and Dora's cheque for the fire insurance premium.

Davies writes, "I am obtaining the signatures of three trustees to a cheque for the school fees for the summer term, and expect to send it to you tomorrow for Lady Russell to sign."

Enclosed with document .133620.

115623

Re Telegraph House.

Maw encloses Dora's cheque for £3.4.5 for the fire insurance premium.

115624

Davies tells BR that he has not been able to get in touch with the Farrells; "I think we should lose no time in collecting all we can about goings on at least subsequent to the separation."

115625

Davies encloses a proposed letter to send to Rowe & Maw (not present) and informs BR that, "... the sending of that letter will make it plain that nothing which may be done in the Chancery proceedings is part of a bargain not to defend the divorce petition."

Davies tells BR, "Having regard to the warnings which we have received about the stiffness of the Chancery judges, I should have great hesitation in going to them without an assurance that we could say that your application was not opposed."

"... I do not like leaving the question of custody to be determined in the seething cauldron of the divorce court." Revisions to the letter are shown in red type.

Typed copy is document .101011fo, record 115903.

115626

Davies acknowledges the telegram (document .133626a, record 115646) BR sent him that morning saying "approve proceedings on lines of two proposed letters to Maw."

Davies tells BR he received, and encloses a letter from Maw that morning (not present).

BR's telegram is document .133626a.

Typed copy is document .101011ft, record 115908.

115627

Davies tells BR that Moya sends her love and admiration to Patricia. "I'm afraid she has missed everything since I came back here after Easter!" Moya is quoted as saying she did not want to miss anything.

This document is stapled to last page of document .133626, record 115626.

115628

Re John Conrad Russell and Katharine Jane Russell by their next friend and their trustees.

Davies tells Maw he agrees that all should be done "... to minimize controversy and expense of litigation, which would be harmful to the children."

Davies tells Maw the order to be proposed is that John and Kate stay at Beacon Hill School until summer and go to Dartington in September for a year afterwards, splitting their holidays, half with BR and half with Dora.

Typed copy is document .101011fv, record 115910.