Re Mollie Countess Russell's trust.

Withers asks Constable & Maude to send a copy of the lease, a copy of the inventory and asks "what repairs will be necessary to put the premises into such a state as to reasonably satisfy a purchaser...."

Enclosed with document .133703, record 115702.

Re Telegraph House.

Withers writes, "As you know, these premises are in the possession of the present Countess Russell, and Messrs Coward Chance & Co. act for Earl Russell. They have asked us to send you to the enclosed instructions and the two lists of articles, "X" and "Y" which we enclose."

A testimonial from a couple with three children, one of them Christopher, their address being Plas Brodanw, Llanfrothen, N. Wales, the family home of Sir Clough.

"We have both known Lord Russell for many years and his children John and Kate all their lives, and have repeatedly taken Lord Russell's advice as to the education of our own three children. In our opinion there is no one who is a better or more judicious parent or kinder friend to children."

Davies writes, "I am glad that you will be able to see us on Monday at 12 o'clock, and I will bring Lord Russell and Miss Spence so that everyone may concur in the decisions to be taken. To relieve Mr. Uthwatt, I asked Mr. Sparrow to go through the papers and draft a form of application to the Chancery Judge and the evidence in support of it."

Davies informs Hilbery that, "Mr. Sparrow has also drafted an affidavit by Miss Mary Bailey (Mrs. Farrell) which we are now submitting to her for approval."

The bundle (document .101011) of correspondence is mentioned again.

[John Hanbury Angus Sparrow was barrister in the Chancery division, 1931–39, 1946–51. He became Warden of All Souls.]

Davies writes, "Please consider whether I am not right in aiming to nail them down beyond escape to their course of trickery in the plainest way, so that they may see the writing on the wall about Dora's petition, and we may be able to ask the Chancery Judge to lay down that if, not that the children are Wards of Court, there is any legal custody in anyone else, such custody is in you, and is to remain in you, subject to the directions which may be given by the Chancery Judge."

Enclosed are document .133707, record 115706; documents .133710, .133711 and .133712, record 115711.

Dora plans to meet BR at Waterloo, but he must decline to discuss anything.

Davies writes, "It is very good of you to propose the Reform Club for Wednesday night, and we should have enjoyed dining with you there. But I think it would be better if we could have our talk in my rooms at 27 Gledhow Gardens, and I would propose that we should all three meet for dinner, say, at 7 o'clock...."

Enclosed with document .133708, record 115707.

Letter is a carbon copy of the draft document .133696, record 115695.

Enclosed with document .133708, record 115707.

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

Maw acknowledges Davies' letter of 28 May: "With regard to custody I do not think I need say more than I did in my letter of the 24th instant. With regard to the discretion statement your letter does Lady Russell and her advisers much less than justice as I am sure you will be the first to recognise when you know all the facts."

BR is precluded from making certain allegations.

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

Davies tells Maw, "My letter to you had no complaints. I had refrained from replying to your letter of the 16th until you pressed me to do so by your letter of the 24th and suggested that I had misunderstood Lady Russell's intentions. My letter set out what were apparently Lady Russell's intentions. Your letter makes it clear that the word 'apparently' could be deleted at the beginning of the fifth paragraph of my letter, and indicates that the conclusion which was set out in the last paragraph but one of that letter is correct."

Davies encloses a copy of Maw's letter of May 28 as well as a letter from Ottoline Morrell, enclosing a letter from Dora (neither is present, but search BRACERS).

Davies informs BR that he has written to Helm.

Re Telegraph House.

Davies asks BR to return the papers regarding Telegraph House furniture with suggestions for Maw.

Davies encloses another letter from Maw asking for a cheque for half the year's rates (not present).

"Instructions to settle deed of separation". There are parallel columns of heads of agreement and of Dora Russell's comments on them.

Dora tells BR, "Let me know if you should want to go to Cornwall any part of the summer, as the house is not yet let, but I expect it will be presently." (Dora is referring to Carn Voel.)

She also informs BR, "Griffin sent me a copy of a letter he wrote to you. The latter part of it does not represent my point of view. I have never held that my having these 2 children was a wrong to you for which reparation had to be made—it can only be held to be so by old conventions."

"I did not wish for a legal marriage ... I had never wanted to leave you...."

Typed copy is document .101011cl, record 115821.

Dora tells BR, "I have been through the drawer of your contracts. I can only find these two documents relating to Liveright—possibly they will tell you what you want."

Dora writes, regarding the children, "I just hate being away from them, specially with John laid up. I hate this whole performance more every day—and I think you look ill and unhappy too. It's very bad for John to have us apart. I wish you'd come back again. We could practically live by the school now, or else close it and get on very simply here. I shall never be able to think of either of us in any serious relation to anyone else, and indeed I never have."

Dora requests that Patricia not address letters to her "Countess Russell" and return to "Mrs. Dora Russell".

Typed copy is document .101011cv, record 115831.

Dora writes, "In any case, it is a bit funny for me to have complaints of this kind raised, when you are both on holiday, and I am scrubbing floors, living entirely alone, cooking my own meals, and seeing to letters, laundry etc. A situation I should not be in at all but for your needs. Funnier still, when one remembers that you and Peter both profess to have the friendliest possible feeling for me."

Dora tells BR, "You complain that you were unhappy with me, but you always led me to suppose that the liberty you had and the way we lived was what you wanted and believed in, and that our relation should always come first. Three weeks before you went away with Peter, you wrote to me that you looked on her only as an economic and emotional responsibility. Do you think I was happy when you deceived me about Alice, or that I could easily bear your having affairs with women who looked after my children.... I was desperately unhappy but never in a way that you could not have put right at any time by love and understanding and re-assurance of our permanent relation to each other."

Dora complains of a lack of courtesy from BR and Patricia. "You have every advantage." "You have become my enemy, whom I looked upon as forever my dearest friend."

Typed copy is document .101011cw, record 115832.

Dora tells BR, "It is best to write to TH as I am moving about driving the car for a couple of weeks' change. Hope the children are well and you are not bothered by the events in Ireland."

"It is perhaps difficult for you to realise that it is your standards and view of life that are changing so rapidly, whereas mine remain what they were when we brought up the children together. I hear much more from them about titles and clothes and polishing finger nails and so on when they come back to me, and naturally I do not like it, especially for Kate. I remain an unrepentant revolutionary and I do not like bourgeois values and elegances, for I think they stand in the way, especially at this time in history."

"... I must keep clear of snobbery for myself...."

Typed copy is document .101011cx, record 115833.

BR tells Davies regarding Dora's letter, "I find no fault with the teaching at Beacon Hill; the children seem to ... learn well, and I do not regret their having remained there while now."

The letter is in Patricia's hand and is marked "Copy".

Maw informs Davies that this letter "sets out Lady Russell's views and decision upon the recent correspondence with reference to the children's schooling including Lord Russell's letter to you of the 16th instant."

"Lady Russell would like to give effect in July next to the note dated 4th December 1932 which we have annexed to Lady Russell's part of the separation deed."

Dora is willing to send the children to Dartington for eighteen months "... only on the footing that is agreed in advance that notice shall be given to determine the schooling at Dartington at Christmas 1935 when a fresh decision unfettered by any previous decisions can be arrived at provided Lord Russell gives his assurance that at that time he will have no objection in principle to the children going to a day school in London and living with their mother."

Enclosed with document .101004, record 21490.

Typed copy is document .101011eg, record 115869.

A note regarding residence and care of John and Kate Russell. It is clause 3 of the deed of separation.

Enclosed with document .101004, record 21490.

Typed copies are documents .101011ag, .101011al, record 115764 and record 115769.

BR writes, "With regard to the children's schooling after next June, I doubt if any disagreement will arise between Dora Russell and me. We have not as yet considered whether they shall go to a day school or a boarding school. If the former, I should be quite willing that they should live with her during the week in terms and come to me for the week end, the holidays to be divided between us as might seem equitable."

This note was to be treated equally with the deed of separation.

Enclosed with document .101004, record 21490.

Davies makes suggestions re BR's note (document .101004c).

Davies writes, "Lady Russell suggests no alternative to Dartington in June 1934, but she declines to agree to Dartington except on the irrelevant condition that Lord Russell should give an assurance except that he will then, as now, try to agree with Lady Russell on what will be best in the circumstances."

Davies tells Maw, "The impression you left on me was that Lady Russell, having no other proposal to make, assented by you as her spokesman to the children going to Dartington unless Bedales should be found preferable. That impression was confirmed by your letter to me of the 27th January, in which you said that Lady Russell would consent to the children going to Dartington for eighteen months on the footing set out in that letter."

"I am unable, after reading your letter of the 27th January and Lady Russell's letter of the 2nd of March, to see that the decision for Dartington in September next has been taken in breach of the equal rights clause or of any undertaking given by Lord Russell. It is outrageous for Lady Russell to attempt to convey that the equal rights clause has been broken down by reason of Lord Russell not reasonably agreeing with her as to the schooling of the children; or that she has been overborne by any exercise, or threat of exercise, of the father's ultimate legal right to their custody."

[A long, argumentative letter.]

Typed copy is document .101011eq, record 115879.

Maw tells Davies he can sum up Dora's reply to his letter, "... she has never had any intention of repudiating the provisions of the deed in any respect. The equal rights clause is very difficult to work as you have admitted to me." Dora agrees to the children going to Dartington for a year.

Typed copy is document .101011er, record 115880.

BR writes regarding Maw's letter, telling Davies, "My note of Dec. 4 in no way commits me to agree to the children going to a day school while living with their mother. On the contrary, it explicitly says that the question of the day or boarding school has not yet been considered."

Patricia made handwritten changes on the letter, which she marked "Copy". Because of the revisions in her hand, it may have been a draft.

Davies tells BR they are to meet at Hilbery's the following day. "It was right to send you word of what Lloyd told me, that Dora was going to waylay you at Waterloo, and to warn you not to be dragged into any discussion."

Re Russell children.

Maw informs Davies that "the difficulty has been that Lady Russell has never been able to bring herself to regard the provisions of the deed insofar as the children are concerned as a final settlement."

Maw sets out six points for Davies to relay to BR, on Dora's behalf. Some concern the trusts.

Enclosed is document .101009a.

Re the Russell children.

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

Enclosed with document .101009.

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.

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

Re objections to the draft agreement received 7 September 1932.

Original is document .133461, record 115456.

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

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."
 

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."

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.

Original is document .133465, record 115460.

Re Russell.

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

Original is document .133466, record 115461.

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.

Typed copy is document .133469, record 115464.

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".

"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).

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?"

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."

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.

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.]

Original is document .133472, record 115467.

Original is document .133473, record 115468.

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

Original is document .133474, record 115470.

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.

Original is document .133477, record 115473.

Original is document .133476, record 115472.

Original is document .133479, record 115475.

Original is document .133478, record 115474.

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

Re Russell.

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

Original is document .101004b, record 115721.

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.

Maw is asking Dora to call on him at once.

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."

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."

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

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."

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.

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

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.

Original is document .133481, record 11477.

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

They acknowledge receipt of the draft of deeds of appointment.

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.

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.

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

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.

Original is document .133485, record 115481.

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.

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.

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."

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.

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."

Original is document .133492, record 115488.

Original is document .133494, record 115490.

Original is document .133495, record 115491.

Re Russell.

Davies thanks Maw for his letter of 6 February.

Original is document .133496, record 115494.

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.

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.

Original is document .133499, record 115503.

Original is document .133500, record 115504.

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.

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.

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.

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

Original is document .133501, record 115508.

Re Russell.

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

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."