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.

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

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.

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...."

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.

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.

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?"

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."

Re heads of proposed new agreement.

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

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."

Re Russell.

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

Original is document .133504, record 115492.

Original is document .133505, record 115493.

Original is document .133509a, record 115499.

Original is document .133511, record 115513.

Original is document .133509, record 115498.

Original is document .133508, record 115497.

Original is document .133511a, record 115516.

Original is document .101002, record 115715.

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.

Original is document .133512, record 115515.

Re Russell.

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

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."

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."

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.

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."

Davies writes that "the position now is that Lady Russell will remain tenant of Telegraph House for the coming year at the rent of £400, for the payment of which Lord Russell will apply and retain the £400 payable by him to her under the deed in respect of that year, and she will give up possession not later than 15th July 1934, John and Kate to remain at the school there until the end of the summer term 1934, their fees of £300 for that year being paid out of the income of their trust funds, the first payment to be made in September next in advance for the term beginning then."

Davies discusses John and Kate's trustees and sends bundles of papers to be signed.

Re Russell.

Maw thanks Davies for his letter and enclosed forms of 29 June, which he has sent to Dora.

Original is document .101002a, record 115716.

Original is document .101002b, record 115717.

Original is document .101002c, record 115718.

Patricia writes on BR's behalf to send a copy of Dora's last letter and BR's response.

Dora writes that she would prefer John and Kate to attend a "... simpler school than Dartington, possibly in Switzerland." She thinks of Dartington as a snobbish school and fears it will produce fascists and "bright young people".

"If I close here, it will be less for financial reasons than because I am tired of casting my pearls before the bourgeois swine. All the same, we should have done very well indeed these last 18 months if you hadn't severed your connection with the school [i.e. Beacon Hill School]."

Re Russell.

The letter requests a meeting with Davies during the week, as he is to return from holiday and Maw is leaving for holiday the following week.

Re Beacon Hill School and Telegraph House:

BR acknowledges receiving Dora's letter of September 5th and writes, "I gather you have not yet made up your mind as to whether you wish to close at Xmas or not. I must ask you to make up your mind within the next few days, if you wish your tenancy to stop some time between Xmas and Easter. This is for two reasons: the children's schooling and the fact that there is a lady who wishes to buy T.H. and I want to know what to say to her. Also I want to know when T.H. will be vacant, so as to know what to say to this hotel, where I had agreed to stay till July; if I can't dispose of T.H. I shall live there."

BR tells Dora that should she decide to give up the school at Christmas there will be no time to look at Swiss schools. He thinks it would be good for John and Kate to go to Switzerland the following autumn, but any sooner would be impossible, leaving Dartington as their only option, or a male tutor at Telegraph House.

Re Telegraph House.

BR quotes a letter he received from Dora, which explains that Mr. Maw would have liked to meet with Davies when he got back from London. However, he was in a rush.

BR quotes Dora's letter as saying, "There seems no obstacle to your effecting the sale of the house on the understanding that possession can be given next July if not sooner. I thought you considered it unwise to sell the reversion, as the property itself would be more valuable when it was absolutely yours."

BR writes that Dora does not mention Dartington in her letter at all, and that should Dora evacuate the school for Christmas the children will need to be enrolled in another school. BR asks Davies to convey to Mr. Maw that Dora needs to hurry up with a decision regarding the children's schooling.

BR will be staying at the Russell Hotel on Sept. 21 and will be in charge of the children.

BR has accepted invitations to give the James Lectures at Harvard in the autumn and to become a professor at CCNY in February 1941.

He seeks permission for the children to study at UC Berkeley and live in International House. He wants them to be together. Tylor refers to this as a memorandum in his letter of 22 April 1940 (document .101115, record 116178).

Davies tells BR he will see him at the Russell Hotel on the evening of Thursday, 21 September between 8 and 9 o'clock. He has spoken to Maw who is meeting with Dora Tuesday (September 19th) and who will contact Davies afterward.

Davies encloses (document .101011df, record 115842) his letter to Maw, and should he approve it, he should send it.

Original is document .133522, record 115526.

Original is document .133523, record 115527.

BR encloses (not present) school bills for the present term. He informs Davies that Dora does not wish to stay at Telegraph House after July 25, 1934. BR approves Davies' draft letter to Maw.

"Another matter: the bank says I can't deduct the £400 I pay Dora in estimating income for income tax. Do you think they are right about this?"

Re Russell.

"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."

Re Russell.

Maw thanks Davies for his letter of 28 September and notes that he must have misunderstood Davies' position in his letter of 21 September.

Document is an extract from Dora's letter to BR. "You have not yet sent a cheque for the children's fees, have you? I wondered only if it might have gone astray. I am not desperately pressed, of course, but have to pay rates and the year's coal bill out of this term. The fees can of course be paid out of their own money if you wish."

Re Russell.

Davies tells Maw that "Lady Russell has presented a note of the current term's fees payable for John and Kate's schooling" and that he will be sending the cheque to the trustees, Lloyd and Meynell, to be signed.

Re Russell.

Maw thanks Davies for his letter and will be sending a copy to Dora.

Maw informs Davies that Dora would like the school fees as soon as possible, as they are now due. "To avoid delay as regards the next fees which are due on the 6th January will you please make arrangements in good time to let me have a cheque on that date."

Davies encloses a cheque of £100 for the children's school fees, payable to Dora.

Maw thanks Davies for his letter of 25 October enclosing the cheque for £100, and will send him Dora's receipt.

The document is a receipt of the £100 for the children's school fees, from Dora.

Maw encloses Dora's receipt (document .101011dq, record 115853) for £100.

Dora tells BR she "... was called away to Plymouth owing to Paul Gillard's sudden death. I went down the week before to stay for a day or two with him and his family, partly to visit Dartington on a work day but chiefly because Paul had said he was going to commit suicide.... It is impossible to make out if it was suicide or not—he fell possibly backwards over a low coping down a railway embankment, struck his temple and somersaulted somehow."

Dora explains to BR that she is telling him this because she loved Paul and "... either directly or indirectly by unconscious failure to save himself, he died for me. And for you, too, because he had always hoped we would come together again. In his wallet were some old letters of yours he must have got when here, and a photo of me cut from a paper. I think this is the strongest evidence against conscious suicide, because he would have wished to avoid any suggestion of connection with us you remember his anger at Griffin for not getting rid of his letters on arrest—".

Dora loved Paul, but had heard he was homosexual and Communist, and thought he was attracted to Griffin. Later she knew he was actually attracted to her. "... chiefly he believed that I loved you still, that our separation was a calamity to ourselves and the public and that a divorce would create more despair and fascism and turn you into a reactionary. From this dilemma and his fear that he might not make me happy—how unfounded he little knew—he saw no escape but to get finally out of my life by dying—I pleaded with him over and over again—I think I had already persuaded him, but that he fell into a sudden despair when I left there and unconsciously did this. He told his mother after I left all he thought about you and me and the harm a divorce would do to me and the children."

"The worst is that he has died in vain, for he leaves me alone with little hope of recovery, and as I many times told him, there is no hope of even formal reconciliation between you and me. But he always said 'give it time'".

Dora tells BR she wanted him to know all of this because she thinks he did not like or trust Paul when he first met him, so she wanted to inform BR of Paul's attitude towards him.

She recalls Lulworth.

BR sends Davies Dora's letter about Gillard, requesting that he keep the original, as it may some day be useful to them. Patricia has also sent Davies a typed copy, and BR requests Davies' advice on how to answer the letter.

BR thanks Davies for his letter and excellent advice. "I will take no notice of Dora's outburst. I had to write about the drug she is giving to John to make him grow, as I am uneasy about it, and want medical information, but I made no allusion to anything else. I am glad you are hopeful about ultimate control of the children."

Re continuing Beacon Hill School.

BR asks Davies' advice on two matters: "(1) is it necessary or desirable to inform Dora definitely that if she continues the school after next summer (in new premises) John and Kate will not go to it? I learn from common friends that she talks of continuing it. (2) is it feasible to inform Dartington that the children are to go there next autumn? The members at Dartington increase rapidly, and I want to be sure there will be room for them." ["Members" must be a transcription error for "Numbers".]

Original is document .133531, record 115534.

Re Lord and Lady Russell and Beacon Hill School. A draft.

Davies writes, "As Lady Russell found it difficult to envisage the future definitely, Lord Russell made several proposals, in the hope of timely decisions being reached, and the position was left, by our correspondence in September, that the children were to be educated at Beacon Hill School until the end of the summer term 1934, and that Lord Russell could not in any event agree to any extension of the tenancy of Telegraph House for the purposes of a school beyond the 25th of July 1934."

Davies notes that a lot of time has passed and BR is still unsure of Dora's plans and is "... therefore asked now by Lord Russell to say definitely that he could not in any case agree to the children going to any school set up elsewhere by Lady Russell, and to express his hope that she will now be able definitely to agree that they shall go to Dartington for the autumn term of 1934. As the numbers there increase rapidly, it is urgent now to secure places for them."

BR tells Davies, re his proposed letter to Maw, that at the end a sentence should be inserted more or less stating that BR is not dead set on Dartington. However, he wishes to have a decision made quickly, so should Dora object to Dartington with another school in mind BR will look into it. "She suggested Switzerland before, but I cannot agree to anything on the Continent." BR tells Davies he has signed the cheque for the children's school fees.

BR thanks Davies for a clipping re Dora.

Original is document .133533, record 115535.

Davies encloses a letter written to him from Patricia, in which she asks Davies to contact Maw.

Re Lord and Lady Russell.

Document is the edited version of document .101011dx, record 115860. This concerns Dora's decision with the children's schooling, edited to include the corrections BR outlines in document .101011dy, record 115861.

Re Russell.

Maw acknowledges receiving Davies' two letters of 18 December, one with Patricia's letter enclosed. Maw will be having copies of the letters made and sent to Dora. He is unsure if he will be able to discuss them with her until after Christmas.

Dora writes, "I yesterday saw the headmaster of Rocklands and two of his staff, and shall be visiting the school next week. The object we both have in mind, he and I, is a co-educational school modern in outlook and subjects, more modern than Bedales, and less exotic and incoherent than Dartington. The third possible partner of whom I spoke has very similar views, and also has a daughter at Dartington, and is inclined to my view of that school."

"The extra financial advantage of two pupils in a larger undertaking would not be great, and I am a little surprised—though not much in view of the attitude shown by you towards me—that you should have imputed my wish to retain the children to this cause."

Dora tells BR and Davies that they are not objective either. "Hostility to me and fear of my influence with the children have warped your view of my character and capacity both as a person and educationist and it is clear to me that revengefulness has played a greater part in your attitude than concern for the children or the other human issues involved in this tangle."

Dora discusses Gillard briefly in her letter, stating that "his death is chargeable to Bertie's ruthlessness and present lack of understanding of the problems or needs of younger people than himself."

Dora believes that several schools should be considered before coming to a final decision, and should she be able to move to London then a day school should be seriously considered—if not at the present time, then in the future.

Original is document .133546, record 115548.

Original is document .133553, record 11555.

Original is document .101004a, record 115720.

BR begins his letter addressing Maw's letter of 27 January, saying, "My note of Dec. 4, 1932 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 day or boarding school has not yet been considered. The sole point, is as to the decision of the children's time if it should be decided that they should go to a day school."

"I am not willing to undertake to give notice to determine the children's schooling at Dartington at Christmas 1935 if they go there. If the school does not seem satisfactory, we shall, of course, both wish them to go elsewhere; and if, as Dora thinks, Dartington is undesirable in later adolescence, this will no doubt become as evident to me as to her."

BR writes to Dora expressing his dislike of Bedales, explaining what he does not approve of, and asks Dora to inform him just what is it about Dartington she does not like. He also tells Dora that he does not have time to see St. Christopher's at Letchworth, asking her if she has been before. "If not, do you think of going? If, after seeing it, you strongly favour it, I will try to find time to see it; but I think myself that, for the present at any rate, Dartington would be best." BR tells Dora they must decide by Easter otherwise the school will be too full for them to enroll John and Kate.

Dora writes re continuing Beacon Hill School, "I should like to set out what is my view of the position in regard to John and Kate's education: first of all, I do think that if this school goes on, as we now expect it to do, probably in newly built modern premises, there is no really sound reason for their leaving it, as we are confident that our older group will develop when we have better facilities."

Dora lays out her objections to Dartington for BR. Regarding the problem she feels Dartington will bring in later adolescence, she writes, "... I think the children may be under some strain, for boys and girls will be living at close quarters; while the general tone of the school will be against actual sexual encounters.... I think John and Kate will need care in adolescence, as they are both of them of rather indeterminate sex, and certain circumstances might tip them into actual or psychological abnormality. I personally would very much prefer to be able to make some sort of home for them in the years when they are passing examinations and arriving at sexual awakening, so that I could help relieve strain and really know what was going on."

Dora expresses a desire to see St. Christopher's and states that she does not feel Dartington is preparing children for the modern world.

BR encloses a letter from Dora, and a drafted reply, asking Davies to send it to Dora if he approves it, and if not to send it back to BR with corrections.

BR writes, "I keep wondering whether there would be any way of getting Dora to agree to give me custody of John and Kate in return for concessions—financial or other. However, I suppose this can't be managed."

BR informs Davies that he's been told Gillard had a letter on him when he died addressed to BR from Conrad. No papers found on Gillard's body have been returned to BR, and he asks Davies to find out about them from the Plymouth police.

Original is document .133565, record 115567.

Original is document .133570, record 115572.

Original is document .133568, record 115570.

Dora tells BR "... I am afraid I do not assent to Dartington: I think your insistence on sending them and your rejection of every alternative is a breach of our equal rights, and of the undertaking given by you when the deed was signed that I should be allowed to make a home for them if this school closes."

Dora tells BR that, as he has legal custody there is nothing she can do to prevent him from sending John and Kate to Dartington. "I think they may be happy at Dartington, but they will be unable to judge of the effect of the education there."

BR encloses a letter he just received from Dora.

BR expresses his concerns by writing, "My view is that she intends to get custody of the children through the divorce in which she will blacken me and whiten herself. Peter and I agree that we would sacrifice divorce to prevent that, or even secure a lessening of her share in the control of the children."

"When Dora, a little while ago, said that in eighteen months the position would be different, and she therefore wanted to tell Dartington the children would be removed at Xmas 1935, she was evidently thinking that through the divorce she would get custody."

"She has diddled us over the trust funds.... Dora is slippery, and very wicked; we must be careful."

Original is document .101005, record 115724.

Original is document .101006, record 115725.

Original is document .133578, record 115580.

Original is document .133579, record 115581.

BR thanks Davies for his letter of the previous day and is curious about Bayford's scheme re divorce.

Regarding custody of John and Kate BR writes, "... I am not willing to acquiesce in any claim to sole custody on Dora's part, however much it may be said to be purely formal. I think she ought to agree in advance to equal rights.... Perhaps the question of custody can be argued separately, after the divorce."

"... Remember that for her to get sole custody would appear to me intolerable."

Original is document .133580, record 115582.

"Later." Davies tells BR that he has seen Bucknill, who recommends that BR make the children wards of the court, to prevent Dora from attaining custody. "He points out the great danger of attempting to have any agreement in an undefended divorce case, which might dish the divorce, and also the uncertainty whether, in view of the clause in the deed, Dora will make disclosure and ask for discretion and if she did not, she might gain a footing to ask the divorce judge for custody."

Original is document .133581, record 115583.

Davies tells BR there has been another hitch in their plan to issue their writ that day, "The plaintiff must be some next friend of the children—not yourself, not one of the other trustees of the settlements, not I." "So I have spoken to Mrs. Brenan, and asked whether Jack Robinson was available but he is in Spain; but she will ask Blair Brenan tonight, and if I can arrange it with him tomorrow morning, I will proceed accordingly and will telegraph you." Forsyth and F. Birrell are also mentioned.

Original is document .133586, record 115587.

Re John Conrad Russell and his trustee; Katharine Jane Russell and her trustee.

Davies encloses original writs, and copies, issued on behalf of John and Kate Russell "by their next friend against the trustees of their settlements." Davies asks Maw if he will appear on Dora's behalf as one of the trustees and, if so, if she will endorse the writs.

Davies informs Meynell that he has issued writs in the Chancery Division on John and Kate's behalf, and that "the action has to be formally constituted by making the trustees defendants to it." He tells Meynell he has sent the writs to Maw, and is entering an appearance on behalf of BR, and would like to know if he should enter an appearance on his behalf as well.

Davies is sending a similar letter to Lloyd (document .101011fc, record 115891).

Davies informs Lloyd that he has issued writs in the Chancery Division on John and Kate's behalf, and that "the action has to be formally constituted by making the trustees defendants to it." He tells Lloyd he has sent the writs to Maw, and is entering an appearance on behalf of BR, and would like to know if he should enter an appearance on his behalf as well.

Davies is sending a similar letter to Meynell (document .101011fb, record 115890).

BR writes, "Re Dora's petition, it seems to me quite impossible that she can succeed with her trick of pretending to have only two children. We could, e.g. ask the court to make an order concerning the custody of the other two children, and, to establish any special claim, she would have to produce the deed of separation, and explain why she didn't mentioned them."

BR tells Davies that the children are happy with Dartington and will definitely be there for a year starting September. "I presume that, so long as she pretends to be innocent, Harriet and Roderick count as my children...."

Lloyd tells Davies that he has not seen BR for a while and therefore does not understand all of the facts that Davies has outlined in his letter. He does permit Davies to enter an appearance on his behalf, and requests that Davies call him to explain matters.

Meynell asks Davies to inform him further regarding the legal action he and BR are taking, and who the next friend is, before he can consent to Davies' request.

Original is document .133597, record 115598.

Original is document .133598, record 115599.

Coward, Chance informs Rowe & Maw that they have entered an appearance on behalf "of the respondent" and enclosed a copy of the appearance.

Original is document .133608a, record 115616.

Original is document .133609, record 115609.

Original is document .133607, record 115607.

BR thanks Davies for his letters and documents. He replies to Davies' letter of 16 April stating, "... It would be satisfactory to me to have a Chancery Judge order that John and Kate should spend the whole of the summer holidays with me, and should go to Dartington for a year, spending half their holidays with Dora and half with me after the coming summer holidays; and in view of the fact that I am keeping them here the first fortnight of term, I am willing that they should stay with Dora the first fortnight of the summer holiday, but not more."

"The long statement is most admirable and I am filled with gratitude for the enormous amount of work it represents." BR revised the transcription of this sentence, from "not advisable" to "most admirable".

Davies encloses a copy of the draft letter he sent to Maw, which he is submitting to the counsel for approval.

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