BRACERS Notes

Record no. Notes, topics or text
115729

Re the Russell children.

Davies responds to the numbered points of Maw's letter of 16 July.

Enclosed with document .101009.

115730

Dora Russell's hand appears in a note.

Coward, Chance & Co. writes, "The position is that Lord Russell has a right to have the children with him, and that Lady Russell has a right to buy the children's clothes. In these circumstances it is obvious that one or the other must sacrifice a right and Lord Russell has asked us to inform you that he is prepared to sacrifice his right on certain conditions if Lady Russell, on reflection so desires...." The rest of the letter details the conditions.

115731

Rowe & Maw inquire about the new trustee for the children's trust funds.

115732
Original is document .133460, record 115455.
115733
Original is document .133461, record 115456.
115734

Re objections to the draft agreement received 7 September 1932.

Original is document .133461, record 115456.

115735
Original is document .133462, record 115457.
115736

BR tells Davies the draft agreement is in order, and he has no changes to suggest.

115737

Coward, Chance return the draft deed, with amendments made in red (not present). "If Lady Russell wishes to be appointed a trustee we will ask Lord Russell whether he also wishes to be appointed and whether he wishes the present trustees to retire or continue to act."
 

115738

Rowe & Maw acknowledge the letter of 12 September "... returning the draft deed amended in red ink upon which we are taking our client's instructions."

115739
Original is document .133463, record 115458.
115740
Original is document .133464, record 115459.
115741

BR writes, "In view of what you say, there is only one concession that I am willing to make, and that is, to pay (after midsummer 1933) £400 instead of £300 a year. As to other points, I am not willing to negotiate further." Dora's money is locked up in the school.

115742

Original is document .133465, record 115460.

115743

Re Russell.

Rowe & Maw confirm an appointment for 28 September with Mr. Maw at 3:30.

115744

Original is document .133466, record 115461.

115745

Re Russell.

Rowe and Maw write, "Lady Russell is unable to accept the revisions to the deed and having regard to what passed between us at our last interview there is no use considering the matter further." An appointment should be made in London for BR and Dora and Davies and Maw.

115746

Typed copy is document .133469, record 115464.

115747

BR tells Davies he received a letter from Dora "... saying it was no use to offer her money when what she wanted was 'justice'...." BR tells Davies that due to financial reasons, Dora will have to give way. Her conception of justice is "peculiar".

115748

"I wrote Dora a letter (enclosed) which crossed a long one from her (enclosed) to which I have drafted the enclosed reply. I am prepared to amend this draft in accordance with your advice." The letter BR drafted is divorce bundle 20 (document .101011r, record 115749), and Dora's letter divorce bundle 21 (document .101011s, record 115750).

115749

BR tells Dora he is expecting the children on the 26th.

BR tells Dora, "You are really suffering from delusions as regards Peter's 'attitude'. All initiative, throughout, has come from me. Will you please try to tell me, concretely, what you have to complain of in Peter's attitude?"

115750

Dora tells BR, "... I do notice in John and Kate especially since this summer a tendency to want to include me in things. It is the first time I have not been there in the background of their lives almost since they were born."

"Peter had, living in my home, what I renounced. But I can assure you she would not have been conceded it by me if I had seen to what use she would put it later. I must write strongly about this, because since you love Peter and are more indifferent to me than I am to you, you cannot judge the thing objectively."

"Peter's relation to the children was acquired by my sharing everything I had with her. She has replied by getting comfort and leisure and security for herself by taking John and Kate's home away, and my home also, for which and in which I had worked twelve years, robbing me of the last years of my youth, since I have to spend them now in working three times as hard and facing anxiety and grief and insecurity."

"What I want is some agreement that expresses our mutual rights in the children and does not leave me dependent only on your good will. You may feel that has not changed and will not change; I feel that already your attitude has changed and will change more."

"... I shall never forget how I leaned on a wall in Majorca under the almond trees and cried when I read your letter offering me £200 a year and liberty to go away from home while Peter came into it."

115751

BR tells Davies he is not satisfied with the draft letter he sent 12 November and would like Davies to call him later on that day to fix a time to discuss it.

115752

BR tells Dora he will address points in her letter to him:

"Peter and I went out with John and Kate almost everyday at Hendaye, because you wouldn't; when we desired a day off, you seemed to resent it. Peter emphatically does not want to take Carn Voel from you or step into a ready made home."

"You must cease to imagine that Peter broke up a happy home. For me, as you know, it was an unbearably unhappy home for years before I knew Peter. The initiative in the final breach was wholly mine. Peter had no such intention."

"Of what needed, in the past, to be done for John and Kate, it appeared to me that you did less than your share. And for my happiness you seemed to be unwilling to do anything. After 4.5 years of great unhappiness, I could bear this no longer. Now you speak of the burdens caused by Harriet and Roderick as if they gave you a claim on me."

BR writes, "You seem to forget that the two acts which, with their attendant circumstances, made our marriage one in name only, were both yours...." [BR refers to Dora's affair with Randall and having Barry's children.]

115753

Original is document .133472, record 115467.

115754

Original is document .133473, record 115468.

115755

BR thanks Davies for his draft letter, but does not plan to do anything until he hears from Davies further.

115756

Original is document .133474, record 115470.

115757

The top half says, "Maw spoke. Saw Dora on Sat. She thought there might be a possibility of modifying draft or coming together somehow and authorised M. to see me. I said I would go a little before 6 tomorrow Tues 29th."

Note saying, "On slip attached", which was dated 15 Nov. 1932.

115758

Original is document .133477, record 115473.

115759

Original is document .133476, record 115472.

115760

Original is document .133479, record 115475.

115761

Original is document .133478, record 115474.

115762

BR encloses comments regarding John and Kate's schooling, and tells Davies he can show these comments to Maw (enclosure not present).

115763

Re Russell.

Davies sends Maw a note (not present) from BR regarding John and Kate's schooling.

115764

Original is document .101004b, record 115721.

115765

Maw thanks Davies for his letter of 5 December, with BR's note. Maw informs Davies he will be getting Dora to call on him at once.

115766

Maw is asking Dora to call on him at once.

115767

Davies tells BR he ran into Maw on the train that morning. "... He said Dora was coming to see him on Monday and I gathered that he had said to her that he expected to be able to get on better, and that in the meanwhile he had not sent her any fresh papers."

115768

Re Russell.

Maw returns the draft deed with his amendments in red ink. Maw writes, "Unless you see any objection I should very much like to retain Lord Russell's note of the 4th instant which you sent me on the 5th instant as Lady Russell considers that this note is a useful supplement to the provision of clause 3 of the deed."

115769

Original is document .101004b, record 115721. Another copy is document .101011ag, record 115764.

115770

Re Russell.

Davies sends a copy of the draft deed with amendments in red ink. "Will you now kindly make an engrossment for signature by Lady Russell, and I will make an engrossment to obtain Lord Russell's signature, and I hope we may be able to exchange these soon, as I shall be leaving for holiday at the beginning of next week."

115771

Re Russell.

Maw acknowledges Davies' letter of 13 December, which had the draft deed enclosed. Maw is sending an engrossment to Dora, and asks for Davies' view regarding costs, including counsel's fees.

115772

Davies is sending an engrossment for the deed of separation draft. Davies asks BR to execute the deed in pencil, with a witness present.

115773

Rowe & Maw write that Dora "... has executed the deed as an escrow pending her appointment as trustee of the children's settlements".

Rowe & Maw request drafts of the appointment for approval on Dora's behalf.

115774

Original is document .133481, record 11477.

115775

They enclose (not present) draft deeds of appointment of Dora Russell as a trustee of the children's settlements.

115776

They acknowledge receipt of the draft of deeds of appointment.

115777

Coward, Chance & Co. tell BR they have received the income tax demand for Carn Voel, which BR must pay according to the deed of separation.

115778

Rowe & Maw return the approved deeds of appointment, and are prepared to complete the exchange of the deed of separation once Coward, Chance & Co. have completed the appointments.

Rowe & Maw enclose a demand note for the exchanging of the deed.

115779

Paid invoice regarding the charges for preparation and completion of the separation deed between Dora and BR.

115780

Re Lord and Lady Russell.

Coward, Chance acknowledge letter of 3 January and will arrange an appointment to exchange the deed of separation and a cheque for the costs.

The deeds of appointment has been executed by BR and will be given to Rowe & Maw during the exchange of the deed of separation.

115781

Original is document .133485, record 115481.

115782

Rowe & Maw enclose Coward, Chance's part of the deed of separation and request £10.15.0d to be paid for the exchange. Also enclosed are the appointments of the new trustees executed by Dora (not present). They request the particulars of the remaining executions made by BR.

115783

Re Russell and Beacon Hill school.

Davies tells Maw that BR would like a decision to be reached about the school. "He does not wish to influence Lady Russell's decision, but there are two considerations involved which concern him.... One is, what is to be the schooling of John and Kate after next June? And the other is, will Telegraph House be required for the school after July next?" BR wants assurance of there being no fewer children of John's age, and a competent science master.

115784

Re Beacon Hill school.

Davies reminds Maw that should Dora decide to continue the school after the next June there will be an annual rent of £400.

Davies quotes a letter (docment .101011BB, record 115785) from BR stating, "In the event of Dora's deciding to go on with the school, as I have undertaken to pay her £400, I shall be obliged after June to charge the rent to her, which is £400 a year. My next payment to her will therefore be limited to the children's fees, £300 a year, as my tenancy of Carn Voel, for which I now pay £100 a year, will have ceased."

115785

Re Beacon Hill School.

BR tells Davies that should Dora go on with the school he will be charging her £400 a year for rent, with his only payment to her being for £300 a year for the children's school fees.

This letter is quoted in document .101011ba, record 115784.

115786

Re Russell and Beacon Hill School.

Maw informs Davies that the deed of separation allows for BR to make any arrangement he wishes regarding Telegraph House.

"The schooling is now settled until July and the children will not need to go to school again until September; in these circumstances a somewhat peremptorily worded ultimatum based on a fixed date for the selection of which no reason is given and which is eight months before the children need actually commence at a new school seems to be a little unreasonable as between two persons with equal rights." Maw tells Davies that should Dora not be able to give her decision regarding Telegraph House and the schooling by Easter, it "... does not warrant the assumption that no extension of the tenancy of Telegraph House will be desired, and I do not understand what arrangements are to be made on that assumption."

115787

Original is document .133492, record 115488.

115788

Original is document .133494, record 115490.

115789

Original is document .133495, record 115491.

115790

Re Russell.

Davies thanks Maw for his letter of 6 February.

115791

Original is document .133496, record 115494.

115792

Re Russell.

Maw writes to Davies, "During the time they were living together our respective clients were able to settle all these matters without the intervention of lawyers and something has happened to their relations together which apparently renders this now more difficult."

The "... simple declaration of equality in all matters relating to the care and residence of the children would prove the best guide for their future conduct" within the deed of separation. Maw lays out three points as to which Dora believes she has made substantial concessions, "Solely by way of emphasising the significance attached by my client to the provision in the agreement about care and residence of the children...." Maw asks Davies to write a letter regarding BR's attitude to the points, and also notes that Dora would like to set up periodical meetings with BR.

115793

Davies sends BR Maw's reply of 13 February, but requests that BR return it when he is finished with the letter as he has made no copy.

115794

Original is document .133499, record 115503.

115795

Original is document .133500, record 115504.

115796

Re Maw's three questions, mainly concerning Beacon Hill School.

BR tells Davies that should John and Kate stay at Dora's school he is not willing to take less than £400 rent for Telegraph House. "... As to whether I would let them remain with her if she moved the school to another place, I should wish to see what I said in my offer to let them remain with her, but I rather think that offer committed me for the coming year." BR also tells Davies that should Dora send John and Kate elsewhere, specifically Dartington, he would lower the rent of Telegraph House to £200, as he feels an environment independent from both himself and Dora would be best for the children, since their parents' relations are strained.

115797

BR encloses a letter about Maw's questions and asks Davies, should he see Maw, to ask if "... it would be worth while to offer Dora financial concessions in return for John and Kate not remaining at Beacon Hill School. If the proposal would merely enrage her then it is not worth making."

Re BR's will, BR notes that everything is all right, but the blanks must be filled in, and asks Davies to be the executor for now, as this will is temporary until BR marries Peter.

115798

The letter quotes BR's proposal that should Dora agree to send John and Kate to Dartington and decide, by 25 March, that she wishes to continue Beacon Hill School at Telegraph House, BR will lower the rent to £200. If Dora does not agree to this and decides by March 25th to continue Beacon Hill, she must pay £400 rent.

115799

Davies encloses a letter he has written to BR, as he feels it may be convenient for Maw to have a copy of it.

115800

Original is document .133501, record 115508.

115801

Re Russell.

Maw thanks Davies for his letter of 10 March and will have the documents back to him the following week.

115802

The letter is quoted as saying, "I thank you for your letter of the 11th instant enclosing copy letter. I will communicate with you again as soon as I have seen my client on Wednesday."

115803

Re John and Kate settlements.

Maw writes, "I am sorry that it was not appreciated by you or Lord Russell at the time that my client's wish to be appointed trustee was based upon a desire to take an active part in the disposal of the income of the settlements."

Maw also expresses that Dora has no issues with the amount of school fees BR is willing to pay.

115804

Document has three points, laying out BR's wishes in case the children should go to Dartington.

115805

Re Russell.

Maw encloses a copy of an unaltered letter Dora has given him, which is addressed to Davies and BR. The letter is document .101011BW, record 115806.

115806

Dora informs Davies and BR that she plans to continue Beacon Hill and will have the children remain there and will pay the £400 rent.

Dora writes, "This house has the disadvantage of size, difficult water supply, and an overhead of £500, added to by its very remote position. I am willing therefore, that an attempt should be made during the present year to find another tenant for it, if I may be informed in good time as to my leaving, so that I can make my plans for July 1934."

Regarding the children's finances, Dora wishes to come to an arrangement that will not upset the equal rights clause. "It is useless and unprofitable to ask me not to care about Bertie...."

115807

Re Russell.

Davies tells Maw he received Maw's letter of 24 March and encloses a letter of 23 March addressed to Dora by himself and BR, and requests that Maw forward the letter to Dora.

115808

Re Beacon Hill School.

Davies and BR together write that in a recent interview Maw said "... something about the possibility of your moving the school elsewhere and continuing to pay the rent of £400 for Telegraph House. That appeared to us to be so impracticable that it need not be kept in view as a possibility, especially as Bertie could not assent to the children being taken to a school elsewhere."

Davies and BR also request that, should Dora decide to move the school, she ensure a reasonable amount of notice of her decision. "... If by the 24th June next or any subsequent quarter day you notified your decision to agree to the children going to Dartington six months thereafter, you could close the school and terminate your tenancy of Telegraph House at the expiration of such six months, or alternatively you could continue to carry on the school there, paying a rent reduced by such amount as would compensate the school for losing John and Kate's fees of £300 a year."

A letter from Patricia is quoted regarding Dora's dislike of her, and unwillingness to meet her.

An inventory of the furniture is suggested.

115809

Re Beacon Hill School; Patricia Russell.

Dora states that she is willing to make BR's furniture available to him come summertime. "I am equally willing to vacate the house and move the school, so that Bertie can live here pending his letting the house, since his books and furniture are already installed. But in that case that I must have a clear understanding that John and Kate would not leave the school this year, and that their future school should remain an open question. If I did this—i.e. move this summer—I would be willing to compensate Bertie for having to pay both the rent and my £400 if the school should show sufficient profit for me to be able to do so."

Regarding Patricia, Dora writes: "Miss Spence speaks of her wish for a home of her own, which I fully understand. She does not seem to realise that so far from my acting hostility to her in that respect, the arrangements I have made do give her that home, at the sacrifice of my having a home with either Bertie or Griffin Barry. She says further that she thought with a fairer arrangement about homes and children, we are likely to be better friends. But how could she suppose that I could part from a beloved husband of twelve years standing without great suffering?"

115810

Davies informs Dora, "As things stand, the children are to remain at Beacon Hill School and you are to pay the annual rent of £400. You now wish for freedom to vary this decision. You contemplate the possibility of leaving Telegraph House and establishing some other school. You recognise that we declined to agree to the children going to such school, and that with regard to the rent, the only suggestion made by you and Mr. Maw was that you might find it possible to move and still pay the £400 rent, even without receiving fees for the children at the new school."

Regarding the schooling after June 1934, "Bertie is willing to leave this as an open question, on the understanding that, if when the time comes to make the decision you and he cannot agree, the decision of the settlement trustees will be accepted by both of you."

115811

Re heads of proposed new agreement.

Document is a list of proposed agreements on BR's behalf.

115812

BR writes that Dora has informed him she will likely keep Telegraph House until July 1934. "In that case, I will not oblete one penny of the £400 rent; also I shall have to take away such furniture as is mine. Both necessary financially when the time comes, please make this clear to Mr. Maw."

There is a typed note at the top of the Carn Voel letterhead stating "In the train."

115813

Re Russell.

Maw encloses a letter from Dora addressed to Davies and BR.

115814

Original is document .133504, record 115492.

115815

Original is document .133505, record 115493.

115816

Original is document .133509a, record 115499.

115817

Original is document .133511, record 115513.

115818

Original is document .133509, record 115498.

115819

Original is document .133508, record 115497.

115820

Original is document .133511a, record 115516.

115821

Original is document .101002, record 115715.

115822

Re Russell.

Maw writes that he has informed Dora of Davies' letters of 13 and 15 May, which she has been taking into consideration, though he asks Davies to clarify two specific points regarding Dora renting Telegraph House.

115823

Original is document .133512, record 115515.

115824

Re Russell.

Maw requests a meeting with Davies the following week, upon Davies' return from Ireland.

115825

Davies quotes a letter from BR dated 30 May stating, "I intended that the rent of £100 should begin this July, assuming that no objection is raised to my removing my personal furniture books and papers in July.... As to repairing covenants, I should desire whatever arrangement is customary on a four years' lease."

Davies quotes another letter from BR from 2 June; "I have received Dora's letter about the possibility of finding water near Telegraph House. She enquires whether I am willing to contribute to the expense of looking for it. The reply is that I cannot at present afford anything. If Dora decides to leave T.H. next year, I am put to the expense of a temporary furnished home; if she decides to stay till 1937, the reduction of her rent to £100 a year will leave me no margin."

115826

Re Russell.

Maw acknowledges Davies' letter of 15 June. "I think I had better take Lady Russell's instructions on your letter before I see you again. I will therefore telephone you next week."

115827

Re Russell.

Maw has enclosed (probably document .101011cs, record 115828) a letter to BR from Dora, which he had intended to give Davies during their last visit.

115828

Re Beacon Hill School.

Dora writes, "I appreciate what you say about not wishing to harm the school. You will by now have had my letter about the water supply, which is the chief thing with which I am concerned in regard to taking the house on lease. If I have the expense of building extra places and the water expense, this may well be prohibitive and it may be more economical for the school to move."

"My feeling about taking T.H. on lease has always been that it is scarcely fair to expect me, who am anyway going to be in a prejudiced position in this business, to undertake liabilities for a property from which I can now expect no benefit to accrue to myself."

Dora tells BR she thinks they can reach an agreement about the furniture and in regards to finances for John and Kate, "I am agreeable to any arrangement that will secure that their money is clearly spent upon them and if not so spent is saved for them."