BRACERS Notes

Record no. Notes, topics or text
115503

Davies tells Maw, "I received your letter of the 13th, and in reply to its first four pages I can only repeat that what Lord Russell desires, and what I have aimed at in writing to you, is helpful co-operation in all matters concerning the children." Davies tells Maw that BR has left Dora free to choose whether or not she will continue Beacon Hill School, and should she continue it, BR will allow her to stay at Telegraph House, "... on the footing that he will pay £300 for the children's fees and that the rent will be paid by the application of the £400 annuity."

If Dora does not make her decision clear "by Lady Day", BR will rent Telegraph House to another tenant. [Lady Day is March 25.]

Typed copy is document .101011bk, record 115794.

115504

Maw has three questions for Davies, in regard to his letter of February 15: "1. In view of the fact that Telegraph House if let in the open market would not fetch as much as £400, is Lord Russell prepared to accept from Lady Russell what he would get on the open market? 2. If not, is Lord Russell prepared to make any reduction in the rent of £400? 3. If Lady Russell thinks it desirable to take a different house and thereby reduce her expenses please confirm that the children can continue at the school carried on on the new premises on the same terms as at Telegraph House."

Typed copy is document .101011bl, record 115795.

115505

"It is impossible to say how overjoyed I was ...."

Extracts from the letter is on pp. 286-7 of a typed carbon, sent with a covering letter of 7 July 1942 (same document number, record 98441).

There is also a typescript of this letter (different typing) sent to BR by Veronica Wedgwood of Jonathan Cape, 20 November 1941 (document .052548, record 116459).

The original version of this letter is not extant.

115506

"Your Xmas letter with nice photograph."

The letter is on pp. 287-8 of a ts. carbon titled "Letters from Bertrand Russell", the ribbon copy of which was sent by Colette to her then publisher Jonathan Cape. This carbon was sent to Russell with her covering letter of 7 July 1942 on p. 289, same document number, record 98441.

There is also a typescript of this letter (different typing) sent to BR by Veronica Wedgwood of Jonathan Cape, 20 November 1941 (document .052548, record 116460).

The original version of this letter is not extant.

115507

"I was very glad to get your letter of March".

Extracts from the letter is on pp. 285-6 of a ts. carbon titled "Letters from Bertrand Russell", sent to Russell by Colette with a covering letter on p. 289 (same document number, record 98441). The ribbon copy was sent to her then publisher, Jonathan Cape.

The original of this letter is not extant. Part of this letter was published in In the North, pp. 140-1, beginning "I hope this letter will reach you." By that time Colette had reworked the text of her book, and thus this letter does not appear in the grouping with two other letters as it does here.

115508

Davies tells BR that he spoke with Maw that morning, after their conversation, and informed Maw that BR had received another letter, which was more friendly. However, it did not alter the points that Davies put forth to him the previous day.

Davies told Maw that BR "... would compensate for any financial loss which might be suffered if John and Kate went elsewhere, and that you would be glad thus to be helping Dora to keep the school going...."

Harriet and Roderick are referred to as "H. and R."

Typed copy is document .101011bq, record 115800.

115509

Re Telegraph House.

Davies has received a demand note from Withers for £100 of rent of Telegraph House, due this month. Davies instructs BR that "from this amount has to be deducted the Schedule A. Tax for 1932/1933, which has been paid by you." The tax amounts to £42.11.3, therefore leaving BR to pay £57.8.9 for the rent.

115510

The letter appears to be from Davies and BR, but there is no signature.

They inform Dora that "we do not regard your decision to continue the school and pay the £400 rent as binding you to do so for the whole period until June 1934. If at any time on reasonable notice you decided to agree to the proposal that the children should go to Dartington, you could, of course, close the school, or alternatively you could continue to carry it on, paying a rent reduced by such amount as would compensate the school for losing the children's fees."

They also discuss furniture matters.

"Your words at the end of your letter 'respect of the parental relationship' express well what we have to aim at." They quote a statement by Patricia Spence, later Russell (see record 115511).

They also discuss the children's rights along with BR and Dora's rights in them.

115511

BR and Davies quote a statement by Patricia in their letter to Dora, after Patricia read Dora's letter of 23 March 1933. Patricia is quoted as saying in part, "Dora says in her letter to you that, if it becomes necessary for the children to know that she objects to meeting me it will also be necessary for them to know that it is distasteful to me to receive visits from her. It is true that I do not enjoy seeing Dora, but that is only because of the extreme hatred of me which she has shown in the past year. I have never objected to meeting Dora.... I never disliked Dora's company—what I disliked was living as a dependent in her house with no home of my own to have children in."

115512

Davies encloses a copy of a letter he wrote to Maw.

Enclosed is document .133511.

115513

Davies tells Maw, "I have now received from Spain Lord Russell's comments on Lady Russell's letter to us of 26th April, and I think it would be best for me at once to convey to you what he says, rather than draft another joint letter and send it out for his approval and signature."

Enclosed with document .133510. Typed copy is document .101011ch, record 115817.

115514

BR's comments as quoted in Davies' letter to Maw.

BR says, "I did not intend that John and Kate necessarily leave the school before June 1934 if it moves meanwhile. If the new premises were satisfactory, I should not raise any objection to their remaining till June 1934.... As for the furniture: at £400 a year, no doubt it is equitable for Dora to have the furniture. But I should like her to realize that taking furnished places for short periods (which is what she forces on me by her indecision) is very expensive, and that if she wishes for money from me, she must make it possible for me to have it to pay." BR wants to know if Dora will be staying "... at Telegraph House for a term of years (in which case I would let her have it cheap), or alternatively will evacuate it by some fixed date."

115515

Davies has received a letter from Maw. Maw has met with Dora regarding Davies' letters of 13 and 15 May and requires further information, asking, "'1. When is the suggested rent of £100 to commence? It is not clear whether it is to commence in July this year or July next year. 2. Assuming Lady Russell accepts the suggestion of taking Telegraph House until 1937 at £100 per annum what repairing covenants would be inserted in the tenancy agreement?'"

Davies asks for a response on the first question from BR and says, "With regard to question 2, when a sub-tenancy is granted the sub-tenant is sometimes put under the same obligations in full as the leaseholder is under towards his superior landlord, but if the sub-tenancy is only for, say three years, it is hardly reasonable to impose the full repairing covenants which are appropriate for a longer term." Davies quotes the deed of separation regarding repairs, stated in clause 6.

Typed copy is document .101011cn, record 115823.

115516

Davies quotes BR in his letter to Maw, record 115513.

BR tells Davies, "I did not intend that John and Kate should necessarily leave the school before June 1934 if it moves meanwhile. If the new premises were satisfactory, I should not raise any objection to their remaining till June 1934."

BR instructs Davies that Dora may have the furniture, but he states, "... I should like her to realize that taking furnished places for short periods (which is what she forces on me by her indecision) is very expensive, and that if she wishes money from me, she must make it possible for me to have it to pay."

BR informs Davies that if Dora agrees to stay at Telegraph House until 1937 he will let her have it for £100 a year, and is willing to let Dora have until midsummer, rather than May 25, to make her decision.

Typed copy is document .101011ck, record 115820.

115517

Davies received a letter for BR from Withers & Co., "... in the matter of the Hon. G.W.G. Russell deceased...."

Withers writes that "between £1,500 and £2000 will be required for estate duty, the deceased's debts, funeral expenses, lunacy office account and percentage. Subject to this your client Earl Russell will be entitled to a one-third of the fund. Will you kindly let us know whether Earl Russell would prefer to receive his share of the fund in specie or whether he would like to have it converted into cash?"

[The deceased was BR's "insane uncle", Willy (Auto., v.1, chap. 3).]

115518

Davies summarizes the work he has done for BR over the last six months, along with his charges. Davies is "evaluating our efforts on a net basis in a way which I feel (I hope you will also) to be fair and right, and enclose a note accordingly" (not present).

There is also a postscript: "Maw writes:—'I thank you for your letter of yesterday's date and the enclosed forms all of which I have sent to Lady Russell with a copy of your letter."

Davies refers to "the pleasure and privilege which I feel it to be to do anything for you."

He writes to BR at the Grosvenor Hotel, Victoria, S.W.

115519

Maw writes to Davies in reference to their recent telephone conversation. Maw informs him of "... the legends painted on various parts of Telegraph House during the night of the 11th-12th instant:—" The "legends" include some anti-BR slogans.

115520

Re Lady Agatha Russell deceased.

Withers tells Davies he has his letter of July 13, with a letter from Lady Agatha enclosed, which Withers is returning with this letter (not present).

Withers tell Davies, "You will see from the copy of the will that you had that one of the executors, Mrs. Randall, was to deal with Lady Agatha's private papers. She has been busily engaged in this, but there are an enormous number of them and the task will, I am afraid, take her some time."

There are 100 cases of Agatha's papers to go through. BR has asked about letters to the Amberleys, his parents. [Re Archives.]

115521

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

Coward, Chance inform BR that they have heard from Withers & Co., "... that the £3000 2 1/2% consolidated stock has been transferred into your name, and they have sent us a stock receipt, which we have placed with your papers."

Davies writes to BR at "Furry Park, Raheny, Co. Dublin."

115522

Davies writes to BR at Castle Hotel, Portmeirion Peninsula, Penrhyndeudraeth, N. Wales.

"I have found here a letter from Mrs. Pike addressed to our firm in accordance with the postscript of your letter to her of 9th August. She asked for full particulars of the house, extent of property etc...." The firm replied to Mrs. Pike in Davies' absence, and Davies has now written her a letter, which he has enclosed. [Mrs. Pike was interested in purchasing Telegraph House.]

Davies also tells BR that Maw is going for a short holiday at the end of this week.

Davies encloses the stock receipt (not present) showing that the consols were transferred into BR's name on 28 July 1933 at the Bank of England.

115523

Re Telegraph House.

Davies informs Mrs. Pike that he would be glad to give her any particulars about the property she requires.

Davies clarifies that "the description of the property in my firm's letter to you was correct, but what was said with regard to the present yearly rent and option of purchasing the reversion was not quite correct. I see no difficulty in the way of Lord Russell selling the freehold property to you if terms can be arranged."

115524

Maw has cancelled his appointment to see Davies that day, and Davies cannot get in touch with Maw.

Re Telegraph House.

Davies has received a letter from Mrs. Pike which states, "Regarding the matter of the price of the property of Lord Russell—I thought it so excessive that I abandoned the idea altogether and have since found something else which I think will suit me." Davies tells BR, "I gather that she is not definitely committed to another purchase, and it would be quite possible, if you thought it worth while, for me to write to her again and say that you are not now concerned with the price mentioned in the lease, and perhaps indicating what you would be prepared to accept."

115525

Davies confirms receipt of BR's cheque to Withers of 25 September for £100 rent at Telegraph House.

Davies encloses his letter to Maw of September 22, his response of the 25th and a draft of Davies' response.

Davies asks BR, "With regard to the bill for £100 for the children's school fees, does this purport to be in respect of the term and not beginning and ending in December?"

Enclosed are document .133522, record 115526; document .133523, record 115527; and document .133524, record 115528.

115526

Davies tells Maw he called on him that Wednesday and learned of Dora's "... decision on the points which she had raised in her recent correspondence with Lord Russell. You said that she had decided to maintain the status quo, i.e. that her tenancy of Telegraph House continues until 25th July next. But you also conveyed, not very definitely, that she might have in mind some possibility of remaining at Telegraph House after that date, and some possibility that the school might be closed before that date."

Davies discussed this with BR who requests sufficient notice if the school is to be closed, to find other schooling for John and Kate.

Enclosed with document .133521, record 115525. Typed copy is document .101011df, record 115842.

115527

Maw informs Davies that he did not intend to give the impression that Dora would be staying at Telegraph House beyond July 1934. Maw states in response to Davies' letter, "I do not understand why Lady Russell must fall in with any decision Lord Russell may make with regard to the schooling as nothing has been said or done which would in any derogate from the provision in the deed as to the equal rights of the parties in this respect."

Enclosed with document .133521, record 115525. Typed copy is document .101011dg, record 115843.

115528

In a draft letter, Davies informs Maw that "The arrangement agreed under the equal rights provision in the deed is that the children are to be educated at Beacon Hill School until the end of the summer term. Any variation of this would have to be agreed under the same provision."

Enclosed with document .133521, record 115525.

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.