Re: Russell divorce.

Davies tells BR about the ligation, in response to his letter of 18 July, saying that he has received a message from Maw "... saying that the petition will be in the list for hearing on Saturday next, the 21st, but somewhat to his and my disappointment the Judge will not be Lord Merrivale but the present President of the Division, Sir Boyd Merriman...."

Re "R v R", "Stop Press"

"In the list before the President for tomorrow there are first two (defended) common jury cases, then 21 undefended cases, and then two more marked specifically fixed one of which is R v R, at the bottom of the whole list. The Judge is not expected to sit much after 1 p.m. He prides himself on hurrying. You can estimate as well as I can whether we shall be reached."

Re Russell children.

Davies replies to the points in Maw's letter of 16 July [document .133747, record 115976]. For point 1 he writes, "As arranged with you by telephone, we will attend before the Master tomorrow and ask for the summonses to be withdrawn and the evidence removed from the file. Lord Russell and I will read the evidence which has been prepared on behalf of Lady Russell." He agrees with Maw's points 2-5.

Re R. v. R.

The document is a transcribed exchange between the Judge (Sir Boyd Merriman) and Mr. Bayford, acting for BR, in court on 21 July 1934. The lengthy exchange concerns the admissibility of matrimonial offences at certain times.

Re Telegraph House.

Davies is sending a man from his office to see Maw, "... and with a view to effecting your wishes I have armed him with a note of the points in your letters and a list of the articles marked by you so that he may hand the latter to Maw if Dora's copy of the inventory is not at hand to be marked."

Re: Russell divorce.

Davies writes, "I am afraid that on Saturday you must have been expecting news from me before you received the telegram sent after the case had been adjourned at 4.30. The President said that he would resume the case Wednesday next, but there may be other unfinished business in the list before it." Davies encloses notes he made at the hearing (document .133777, record 116006).

There is no date on the letter, which states "Monday" at the top.

Davies is writing to BR that the old millionaire he told BR about has died, which he discovered through a newspaper clipping, and the funeral is set for Wednesday, when R v R will be continued.

Enclosed with document .1337579, record 116008.

Re Telegraph House.

Davies tells BR that due to Maw's engagements he wasn't able to see him until 5 that evening, and he told Davies' representative that they did not have Dora's copy of the inventory. Davies' representative gave Maw BR's copy of the inventory for Dora to mark and told Maw that the gold medal and dining table should be restored. [The dining table may be "Wittgenstein".]

Davies encloses the shorthand note (not present) of the hearing on July 21 and requests its return.

Davies tells BR, "You will see that Bayford's head is hitting the brick wall of the principle that marriage cannot be dissolved by the consent or collusion of the parties. There must be one party who is entitled to relief in consequence of the independent wrongdoing of the other." The Chancery proceedings are being dealt with as agreed.

Davies tells BR he sent a telegram to inform him R v R was not reached that day, and is to be heard first thing on 26 July. "The Judge said he had to hear the petitioner and look at the deed, and Bayford said it was no good to begin this evening. He asked whether the Judge had got the typewritten report of the unreported case of Heath v Heath and the Judge said yes, but it isn't a decision, you merely said you didn't intend to go behind the deed."

Davies tells BR that "when Maw returned the cheque for £5.5.7 signed by Dora, he said that part of the furniture comprised in the Guardian policy was not at Pickfords Depository Southampton, and asked us to notify the Guardian."

Re: Russell divorce.

Davies thanks BR for his letter of 25 July and writes about the day's proceedings. "You will see that it was recorded that there were Chancery proceedings, and Dora swore that she had not committed adultery since the deed. The King's Proctor is asked to consider the case." Davies encloses his note on the day's proceedings and requests its return (not present).

Davies encloses a letter from Maw and a copy of the enclosure Maw sent him.

Enclosed are document .133787, record 116016, and document .133788, record 116017.

Re Russell and Beacon Hill School.

Maw encloses a letter from Kingsley Martin, the editor of the New Statesman, to Dora, and Maw is to request that BR does not communicate with third parties, as he has apparently communicated with the New Statesman.

"Lord Russell is not entitled as a matter of right to insist on Lady Russell stating affirmatively that Lord Russell has no connection with the school and so long as she does not say that he is, Lord Russell cannot complain."

Maw informs Davies that the new advertisement Dora has placed in the New Statesman asserts that she is the principal and all concerns should be sent to Carn Voel.

Enclosed with document .133786, record 116014.

Martin informs Dora that he has received a letter from BR regarding an advertisement for Beacon Hill at Harting, saying it should not longer appear in the paper as the school will be moved, and should any more advertisements appear, it should be noted that he is no longer affiliated with the school.

Martin wants Beacon Hill School to continue but also to keep the matter out of the correspondence columns.

Enclosed with document .133786, record 116015.

The draft calls attention to the petition for divorce made by Dora. "As solicitors of the Supreme Court we think it our duty, having regard to the provisions of sub-section (2) of section 181 of the Judicature (Consolidation) Act 1925, to give information to you of matter material to the due decision of the case."

Affidavits of T. Helm and Hines, Timothy Riggs and Harris Russell are mentioned.

An extract from the Judicature (Consolidation) Act 1925. The document is presumed to come from Davies.

Meynell thanks BR for his letter, which he has conveyed to Dora. "I want you to appreciate the fact that I am being merely a conveyor of her opinion in this matter."

Re Russell; Telegraph House.

Davies tells Maw in reference to his letter of 25 July, "... I anticipate some difficulty in notifying the Guardian Assurance Co. Ltd. as to a part of the furniture covered by that company's fire policy, which, as you say, has been removed, and is now at Pickford's Depository, Southampton." Davies refers to a memo sent by Guardian Assurance, telling Maw that if they were to write the insurance company he feels they will draw his attention back to this memo.

Re Telegraph House.

Davies is getting other signatures for the cheque of £5.5.7, and encloses copies of two letters he has written to Maw. Enclosed are document .133794, record 116023; document .133795, record 116024.

Re Russell and Beacon Hill School.

Davies tells Maw that BR doesn't demand Dora say that BR is no longer connected with the school. However, he does not wish for people to send their children there under the pretence that he is affiliated with the school, or "in any way" approves of it. The possibility of BR making a statement is raised.

Enclosed with document .133793.

Re Russell; Telegraph House.

Re Maw's letter "... stating that some of the furniture insured with the Guardian is at Pickford's Depository at Southampton ..." and Davies' letter to Maw of 30 July, BR says he would be obliged for a list of the furniture and how it got there.

Enclosed with document .1337593.

Davies received a letter from Maw, in which he sent Davies the 15 affidavits that would have been used in the Chancery proceedings if they hadn't been settled. Davies sends the affidavits (not present) to BR without having read them first.

Re Telegraph House.

Davies tells BR that he received a letter from Maw, which acknowledged the receipt of Davies' letter of 2 August and the list he required: "'The effects were moved in the ordinary way and I think I told you that had been done at the time.'"

Re Beacon Hill School.

Davies tells BR he received a letter from Maw saying the affidavits Maw sent Davies will clearly show that nobody thinks BR has any connection with the school, although he omitted sending parents' testimonials.

Davies encloses a letter he wrote to Maw. Enclosed is document .133799, record 116028.

Davies acknowledges the receipt of Maw's letter, and the enclosed affidavits, of 31 July, and tells Maw he has sent them to BR to look at.

Enclosed with document .133798, record 116027.

Re Telegraph House.

Coward, Chance tell BR they received a letter from Maw which enclosed Dora's copy of the inventory made by Constable and Maude. BR is to provide his observations.

"Mr. Maw also asks if arrangements will be made with the Guardian Assurance Company to cover the furniture at the depository to which Lady Russell has moved it, the cover being for £500. Mr. Maw comments that there will be an additional premium to pay, but says that if we let him know the amount, he will send us a cheque, and he concludes his letter by observing that you will owe Lady Russell for the unexpired part of the insurance in so far as it relates to the furniture etc. which still remains at Telegraph House."

Coward, Chance mention they have heard from Withers, who has inquired as to what BR plans to do about the repairs at Telegraph House.

Re Telegraph House.

Enclosed is a copy of a letter to Davies from Maw, dated 7 August 1934.

Enclosed is document .133805, record 101631.

Re Telegraph House.

Maw tells Davies that Dora is paying the telephone account immediately, "she has not had any details, and thinks the original account must have gone to Lord Russell direct.... I have written to holders that their account has nothing whatever to do with Lord Russell and that it will be settled by Lady Russell in due course but you will readily understand that Lady Russell has a lot of unexpected expense lately." He passes on Dora's recommendation of a firm in Harting.

Enclosed with document .133804, record 116030.

Re Telegraph House.

The letter details the accounts BR has sent on as being Dora's responsibility. Coward, Chance inform BR that they have received the signed cheque of £5.5.7 from Meynell and have sent the cheque to Maw.

Re Telegraph House.

Coward, Chance tells BR that they are writing to Withers regarding the repairs to the house, "... and we are putting to him the proposal as to renewal of the lease after 1937 or, if Sir John Withers prefers it, to give you a new lease now to last until the death of Molly, Countess Russell, the rent after midsummer 1937 to be at £300 a year."

Re Russell.

Rowe and Maw write, "We shall be obliged if you will arrange to let us have a cheque for one half year's insurance on the two cars and for the proportion of the licence duty on the Austin Seven for the period from the 25th July to the 30th September." The insurance policy had been transferred by BR.

Re motor policy 3575090.

Royal Insurance tells Dora that their representative recently visited BR and explained the position to him, "... and pending the return of the insurance certificates we have agreed to hold the matter in abeyance as we understand a request is being made to you for the policy to be transferred to his interest."

Coward, Chance tell BR they have received a letter from Rowe & Maw. "We have merely acknowledged the letter and enclosure to Messers Rowe & Maw, although we had thought of asking them to let us have details of the insurances and the license duty, but on consideration we think you will have all the necessary particulars."

The enclosures must have been document .133808, record 116034, and document .133809, record 116035.
 

Re Mollie Countess Russell's trust; Telegraph House.

Withers writes that he would like to know if BR would like the Telegraph House lease renewed after 1937, either for a term of years or until Mollie Countess Russell dies.

The letter refers to enclosed copies of letters, including one from BR, which are not present.

Re Russell & Russell.

Rowe & Maw write, "As you well know under the terms of the separation agreement our client is entitled to provide the clothing for the children and in order for her to be in a position to exercise this right the presence of the children is necessary for at most two days." The letter discusses BR and Dora meeting up to buy the children clothing for their school to ensure duplicates aren't bought, and Dora requests going through their wardrobes to make sure she buys the children what they need.

Re Russell and Russell; motor insurance.

Rowe & Maw acknowledge Coward, Chance's letter of 4 September and request that the matter stands still until Maw's return from vacation.

Re Mollie Countess Russell's trust; Telegraph House.

Withers writes, "We have today heard from Mollie Countess Russell that she would be perfectly willing that the present Earl Russell should take a further lease from the termination of the present lease, for the remainder of her life."

Coward, Chance send BR a copy of a letter from Withers of 8 September (document .133814, record 116040).

Davies writes, "I see that on the 12th we wrote two letters to Maw as prepared by you, one about arranging for you and Dora to meet to buy the clothes before the children go to Dartington on September 22nd ... and the other one setting our your claim for expenses and losses." Davies tells BR that he has received a letter from Maw acknowledging the two letters.

Davies tells BR he will deal with the pending issues of a new lease for Telegraph House with Withers, and the adjustments of rates and motor licenses with Dora.

Re Russell.

Rowe & Maw write, "The fact that we received your letter of the 12th instant yesterday and that Lady Russell was in the country and not available on the telephone has prevented us from replying to your letter before today and as the meeting of our respective clients to buy the clothes has been fixed for Monday morning you have put us in a great difficulty by imposing conditions at such a late stage.... As our client is not given any time to negotiate upon the matter she has no alternative but to refuse to agree that the proposed meeting shall in any way be deemed by her to be an acceptance by her of the conditions put forward. Lady Russell will accordingly be at Waterloo Station on Monday morning at ten o'clock in order to meet Lord Russell and the children."

Re Russell.

Rowe & Maw address Coward, Chance's letter of the 12th, of BR's claims against Dora. They have addressed these numerically, in eight points. They concern missing items at Telegraph House and a bug that BR sent to Dr. Omerod. Books and Roman relics are also mentioned.

(The doctor's name is also spelt Ormerod.)

Re Telegraph House.

Davies encloses the insurance policy and asks that BR communicate with the insurance office.

Re Beacon Hill School.

The document is labelled List X and lists the school furniture for Dora to keep, notes that BR would like some of the school books, and requests that if Dora would like any school books to send BR a list.

Re Telegraph House.

The document is labelled List Y and lists articles to be specially noticed, divided into items in the tower, the library and elsewhere.

The document is the typed copy of document .133822, List Y, articles to be specially noticed. There are check marks next to the items.

Davies writes, "As a result of our communication with Maw about the meeting he sent a telegram to Dora as follows: —'Lord Russell agrees to the meeting ... that Lady Russell buys the clothes; conditions to be discussed later as well as Lady Russell's request to reimburse her.' I shall no doubt have an opportunity of talking to you before long about the arrangements of the children, and then I supposed it will be desirable for me to see Maw with a view to putting the concordat on a proper footing."

Davies tells BR that regarding the licence duty, he is still waiting to hear from Maw.

Davies tells BR that Withers has written again regarding the proposal for Telegraph House's lease. He tells BR he will expect to hear from him once he's spoken to Miss Otter.

"I understand that you will tackle the insurance company about the burning of the outhouse and its contents. Whoever receives any insurance money ought to spend it in restoring the property, and I supposed that Withers is the person entitled to receive and dispose of any sum which may be paid."

A transcription of original document .200341, record 19352.

It is similar to document .052439, record 99912. Both are missing the same two sentences. This one also contains the text of the first paragraph of document .200343, record 19354.

There are also two literary versions:

(Carbon) document .052401, record 99867;
(Ribbon) document .201164, record 116052.

This letter, no. 54, pp. 76-7, was prepared for a literary collection of their letters. This is the ribbon copy. It is signed by BR's pseudonymous initial "L", has an ink correction of a word, and two lines in ink drawn beside the last paragraph. The carbon of this letter is document .052401, record 99867.

The original letter is document .200341, record 19352.

There are two transcriptions of the original letter:

Document .052439, record 99912;
Document .200140, record 116051.

Dora writes that there has been no answer about the children's clothing, but she can arrange a meeting either tomorrow, Thursday, Friday or Monday or Tuesday.

Dora writes she agrees to buy clothes, pending a discussion of funds, and that she will meet BR at the train, Monday.

BR tells Dora that he cannot consent to the children's funds being used except for educational expenses. The children can come Monday and Tuesday if the clothes are at Dora's expense, and he accepts Dora's invitation to be present. "Please wire if you agree."

Dated by documents .133827 and .133828.

Davies writes: "You exposed Dora, at any rate to the trustees.... She is now trying to recover herself and pose as friendly to you and making the best of things as the respectable mother, no doubt from jealousy and wish to shove Peter aside, but you will know how to counter this."

Regarding Telegraph House Davies tells BR that the old lease, inventory and insurance policy are in "... hopeless confusion and desuetude." BR is still liable for the £400 for rent until 1937, but after that, "... unless you do something, Withers will be in embarrassment about this his trust if Mollie goes on living." Davies tells BR that because he intends on living at Telegraph House he must impose terms on Withers.

Re Telegraph House.

Coward, Chance write that there is a good deal to be considered before a fresh lease can be proposed.

"On the 11th instant an outhouse was burnt down, and the Guardian Assurance Company have paid £40, and we enclose the cheque and shall be obliged if Sir John Withers will kindly endorse it and return it to us."

Davies encloses a copy of a letter he has written to Maw, enclosing Dora's letter to BR of 20 September (not present).

"At the moment I think it best not to point out more plainly the possibility of her losing alimony and of the collapse of the concordat. It is not quite the moment yet to use all our weapons and have a final row." "This new outrage by Dora will of course further discredit her with the trustees when we acquaint them with it."

Davies tells BR that he has received his letter of 4 October and his cheque of £100. He also received the letter from W.E. Allen and his account for £8.18.11 1/2 incurred by Dora.

Enclosed is document .133833.

Davies tells Maw that he received another bill for Dora from a chemist, for the amount of £8.18.11 1/2, which was sent to BR with a note saying the bill had been ignored. Davies encloses the bill and letter (not present) "and will leave it to you to appreciate the annoyance which is caused to Lord Russell by these continued applications to him for payment of Lady Russell's debts."

Re Russell divorce.

Davies tries to arrange a meeting with Maw and encloses a copy (not present) of Dora's letter of the 20th to Russell. "It was hoped that the concordat would afford a basis for more friendly co-operation, or at any rate help to eliminate friction; but it is a sine qua non, that Lady Russell should control the impulse to injure. It is a terrible thing that the care of the children should be degraded into an opportunity for venting spite...."

Davies tells BR that he received a letter from Maw of 29 September saying he would be meeting with Dora regarding Davies' letter of 28 September, and Davies has still not heard from him. Maw sent Davies an estimate of the costs incurred in the Chancery proceedings, which Davies is looking into.

"I understand about the trust funds and the need of reserving them for education and advancement, and the need for watching and defeating dodge after dodge on the part of Dora."

Davies tells BR that Withers has endorsed the Guardian cheque of £40 on the understanding that the money will be applied towards general reparations, which BR has in hand. Davies encloses the cheque.

Davies agrees with BR's letter of 5 October, and has received a letter from Patricia with two more bills, which he is forwarding to Maw.

Maw told Davies that he would be hand delivering the barograph that BR has requested.

Davies encloses a letter he received from Meynell (document .133838), fears that Dora has been trying to get to him, and suggests that he take Meynell up on his offer to meet, so he can explain the true position to him.

Davies also encloses a letter he has written to Maw (document .133839).

Meynell tells Davies that Dora showed him a letter from Davies to Maw dated 12 September stating, "'The trustees are not yet in the position of arbitrators'" and asks what Davies believed is the development and procedure concerning trusteeship. Meynell suggests that he and Davies should meet sometime.

Enclosed with document .133837.

Davies tells Maw he received his letter of 6 October, and encloses two more unpaid bills (not present). "... I must urge again upon you the annoyance which is caused to Lord Russell by the prevalent impression among the tradespeople that he is in some way responsible for Lady Russell's debts." Of the two bills Davies enclosed, one was in Dora's name and the other was addressed to B. Russell.

Enclosed with document .133837.

Davies met with Meynell that morning and they talked for over an hour. Meynell is "... clever and understanding. He is anxious to perform his function of reducing friction. I said that the object should be not to provide machinery for his mediation in communications between you and Dora but rather to prevent such communications."

Davies informs BR that Meynell understands that Dora wished to interpret the deed as giving her a right to buy clothes for the children without having to pay for them, and understands the importance to BR that the trust funds not be used for clothing, "... but it was evident that he wished to be trusted with the discretion in dealing with the trust fund, and indeed as trustee he could not be placed under any binding specific agreement as to the discharge of his duties."

Davies has arranged a meeting with Maw for that Thursday, and BR's barograph [a recording barometer] was delivered to his office. He asks if BR will take it away.

Davies writes to Maw about BR being constantly harassed for bills that Dora, or her guests have not paid. "It is wearisome for Lord Russell to be constantly scolded for other people's shortcomings. Alternatively, would it be preferable for Lord Russell to pay the bills himself and deduct the amount paid from Lady Russell's allowance? One way or another, this molestation must cease."

The bills were from international stores; The Riding Master, Mr. Smith; and Harris Russell.

Davies is glad that BR requested that Meynell and he meet. Davies suggests the meeting between BR and Meynell be held in his office, saying he would be glad to be present during the meeting.

Davies has received Patricia's letter enclosing the telephone account, which he sent to Maw, and Richard gave him the enclosed (not present) heartening cutting from "a Communist rag".

Davies still has not received a message from Meynell to arrange the meeting between himself and BR. He asks if he should phone him. Maw has written Davies asking for the title deeds of Carn Voel and any other documents he has on Dora's behalf. Davies tells BR he must hand over the title deeds. He went through the documents in the strong room and found a deed of gift dated 8 October 1926 which has perplexed him. He asks BR, "Does it cover only things situate at Sydney Street at its date? or also things subsequently belonging to you and situate in Sydney Street? or all things of which you may ever and anywhere be or become possessed?"

Davies informs BR that when he wrote to BR regarding the deed of gifts, "... I wrote to you not with the practical wisdom of the head of this firm but rather in a jocose or malicious mood in the hope at the best of scaring you out of your wits or at the worst provoking some explanation of or apology for that grotesque document."

Davies tells BR he feels the deed was "... intended to give her [Dora] and did give her, not a legal right to any chattels which you might afterwards acquire ... but an equitable right to claim that you should transfer to her by deed or by delivery any chattels subsequently acquired by you situate in the Sydney Street house while you continued to live here."

Enclosed is document .133845, record 116072.

Document is titled "The Right Hon. Countess Russell Schedule of Deeds and Documents." They concern property owned by Dora Russell, some of it given to her by BR.

Enclosed with document .133844, record 116071.

Davies tells BR that he had an interview with Maw that evening, during which Maw said that no question would arise from the deed of gift of the furniture. "Among other things Maw said that the letter which I had written to him condemning Dora's letter about the clothes served the useful purpose that he was able to tell her that by reason of his having identified himself with her cause anything which she said or did was liable to be regarded as involving him, and that he could not continue to act for her unless she refrained from vindictiveness and recognized that Peter was entitled to take an interest in the children. There is a good deal more which I shall report."

Davies asks Maw to let him know when the cheque for the children's fees at Dartington will be signed by Dora as the payment is overdue. He requests that Maw return the draft resignations for the two trusts.

Davies also asks if Maw has seen Meynell, and arranged, on behalf of Dora, the way Dora and BR should communicate with each other. Davies tells Maw he is writing him a separate letter regarding the Chancery litigation.

Re Russell; children's trusts.

Davies returns the list of Mr. Salt's fees and Maw's estimate of costs for the Chancery litigation, which Maw sent to Davies 29 September (not present).

Davies informs Maw that his own costs came to £527.13.10 for professional charges (out of which copying by the stationer amounting to over £75 has been met) and disbursements, including counsel fees which amounted to £104.11.6, bringing his total to £632.5.4. He suggests reducing the fees by more than half.

Davies encloses for BR, copies of two letters he has sent to Maw and a note of charges until 16 October (none of which are present).

The Chancery litigation costs do not include the costs of resignations from the trusts, which will be paid out of the trusts.

"You will remember that Helm wrote to me a complaining letter asking for at least board wages for himself and Mrs. Helm, £12, and I shewed you the letter and had the impression that we had agreed that I should pay it on your behalf and save you from further trouble. I therefore sent Helm £12 by our cheque, which he has cashed, and later I heard from you that you had yourself settled with him. I wrote to Helm on the 2nd instant asking him to return the £12, but have had no answer. Will you let me know how we had better deal with this matter?"

Davies has received two letters from Maw and quotes them in his letter. The first letter is quoted as saying, "'having regard to what you say I think I must prepare a detailed bill. I am having this put in hand at once, and will in due course let you know what it amounts to.'"

Maw's second letter states that Maw is not ready to deal with the matters mentioned by Davies but he hopes to write to him in the next week.

Coward, Chance return the undated, unsigned disclosure statement of petitioner, sent to them earlier that day by Rowe & Maw.

"As you know neither Lord Russell nor ourselves have ever thought that Lady Russell was under any obligation to him not to disclose to the court everything about her matrimonial life. On the contrary, we take, as we have always taken, the diametrically opposite view."

Davies encloses a copy of a letter he has written to Meynell that is to be delivered to him 22 November.

Enclosed is document .133853, record 116080.

Davies tells Meynell that he has made engrossments for the deeds of retirement regarding BR and Dora, from the two trusts, and as Meynell and Lloyd are parties to the deeds the engrossments require their signatures.

"Having regard to what you said here yesterday I think you may consider it to be proper for you to take an opportunity yourself of putting the deeds before Dora and asking her to sign them on the footing that all the other parties are bound to sign when she has done so."

Enclosed with document .133852, record 116079.

Davies is sure they are taking the right course, discussing the divorce petition, which was taken on entirely by Dora. The judge apparently invited BR to take part in the proceedings.

"I now see clearly that we do best to maintain our original position of leaving the divorce petition severely alone, either to succeed on an untruthful basis, or to be abandoned by her, or to be heard and dismissed by the court. You will gain advantage from any one of these three results, without any of them increasing Dora's power to vex you about the children."

"Of course, if the petition were abandoned or dismissed, Dora's position would be a very weak one for the future against you from all points of view, both financial and moral. On the other hand, if you gained the advantage of divorce, I feel sure that Dora would not have gained any effective advantage, except of course, that she would become entitled legally to her alimony."

Davies encloses the shorthand notes from the proceedings of 22 November, asking BR to return them (not present).

"Please note what Mr. Bayford said at the bottom of page 16 about custody of the children, which makes it once more and finally clear that the question of custody is not to be entertained by the divorce court but remains with the Chancery court where all the facts at any time can be brought out." Regarding alimony Davies writes, "... I believe that an application may be made at any time after the Decree Nisi, and that an interim order for not more than three months may be made, but a final order is not usually drawn up formally and is never made operative before the Decree Absolute."

"As regards any action now by the King's Proctor, this is less likely after he has taken part in the proceedings and heard the Judge's statement that, so far as one could judge, Dora has set out a full history of the matrimonial life with one reservation, which made no difference, and that the Judge having considered the facts had no hesitation whatever in saying that the court ought to exercise its discretion."

BR has returned the transcription of the divorce court proceedings of November 22.

Davies writes, "You say that what Dora gets is abolition of dum casta clause without quid pro quo. On the dissolution of the marriage the deed of separation becomes void, and Dora loses her equal right with regard to the children. You as father have prima facie the common law right of custody, until some order is made varying it." If Dora went to court now she would risk exposure of Telegraph House affairs, its condition when BR took it over (bugs in bed), and "the dirty letters from Griffin Barry."

Meynell tells Davies that he has received the two deeds of retirement.

"Is Bertie likely to be in town shortly? I would like to see him if he is. Dora has presented her case in writing for the withdrawal of the children from Dartington and Lloyd thinks Bertie should also make a written statement."

There is a handwritten note saying, "I supposed he means oral" (when Meynell later wrote "verbal").

Davies writes, "You will also see that it was made a condition of the trustees functioning as proposed that Dora should go off the trusts." Davies tells BR that Meynell is asking Dora to sign the retirement.

BR was concerned that he might be precluded from going to the Court of Chancery.

Davies thanks BR for "... sending me those loathsome sheets.... We will certainly stop such things. Tell Peter so. If she has never believed me before, let her do so now."

Re Telegraph House.

Davies tells BR he received his letter of 11 December, along with the letter from Hamptons.

He asks BR, "Can you tell me what in the present circumstances you feel inclined to fix as the minimum price which would be accepted? I would then try to get Withers bound as formally and promptly as possible, which is not saying much, in concurring in such a sale."

Re Russell; children's settlements.

Davies explains how the engrossments of the deeds of retirement were sent to Meynell. "As you know, my view is that there is little that can be achieved by you and me as solicitors except the formal interpreting of the concordat by the execution of the deeds of retirement, and I am glad to learn from your message this morning that you are now prepared to take steps to that end."

"I learn that in your conversation this morning you also referred to your letter to me of the 11th, in which you said that you were asking Mr. Salt to suggest some formula to preserve Dora's position as a defendant in the Chancery proceedings. I was naturally waiting to hear further from you before replying to your letter. Bertie recognises that Dora is, and after the execution of the deeds of retirement will remain, a party to the Chancery actions."

Enclosed are documents .133863 and .133864.

Maw tells Davies that there seems to be a misunderstanding of sorts with completing arrangements for BR and Dora's trust retirements.

Maw sets out two points to be provided before Dora will sign the deed which are, "... (a) Lord and Lady Russell's position as defendants in the Chancery proceedings (b) the question of further trustees". Maw addresses each point. Maw suggests that the best course to appoint a new trustee would be to have Dora nominate one.

Enclosed with document .133862.

Re Russell; children's settlements.

Davies tells Maw that he feels he's answered Maw's two points in a satisfactory way and hopes that the deeds of retirement can be completed without more delay.

Enclosed with document .133862.

Davies writes, "My representative attended at Withers' office this afternoon and saw Withers' managing clerk and I enclose a short note of the matters which they discussed" (document .133866).

Davies explains the Constable and Maude account to BR.

Re sales agents for Telegraph House.

Document shows the points discussed with Withers' managing clerk, Mr. Sheenan, by Davies' representative.

Enclosed with document .133865.

Re Telegraph House.

Davies tells BR that Withers' managing clerk telephoned to say that Withers has no objection to the reserve price being fixed at £10,000, "... but he will not agree to make any advance out of capital towards the cost of reconditioning the drive nor will he pay any part of Constable and Maude's account, but he thinks the amount of the account is too heavy and is going to ask them to make some reduction."

"The urgent matter now to be attended to is to see whether Hamptons really have a genuine bidder for the property, and Withers says he has no objection to Hamptons being approached and enquiry made by us, provided that the definite instructions for the sale comes from Withers as the legal owner of the property."

Enclosed is document .133868, record 116095.

Re Telegraph House.

Withers & Co write that Withers has no objection to the property being sold for £12,000. "In April last, Sir John Withers as trustee placed the matter exclusively in the hands of Messrs. Constable and Maude. Therefore, if your client proposes to instruct Messrs. Hampton & Sons to find a buyer on his behalf, then we think Messrs. Constable and Maude should be notified of the position." It seems uncertain that BR has decided against re-leasing from June 1937.

Enclosed with document .133867, record 116094.

Davies has not heard anything further from Meynell and does not know if Meynell and Lloyd delivered their decree regarding the children's schooling.

Re Russell—children's settlements.

Dora has asked Maw to have a provision for the appointment of new trustees in the concordat in the present deeds of retirement. "I think it is advisable from every point of view that this provision should be embodied separately from the concordat in case either party at a future date denounces the concordat on the ground of some alleged breach by the other party of the terms thereof."

Tylor encloses a cheque for BR's signature, for the children's school fees. The cheque still has to go to the other trustees.

Re Telegraph House.

Coward, Chance tell BR that they have seen a representative of Messrs. Hamptons. "The most important information we wanted to obtain was whether Messrs Hamptons had really a client likely to make a good offer for the property, or whether their recent letter to you was written in the usual way to get instructions to place the property on their books. We are afraid that this was the case, and the most that the representative could say was that they have people enquiring from time to time, and that they have been able to sell property in the neighbourhood." Hamptons informed Coward, Chance that £10,000 for the property was too high and estimated Telegraph House's value at £7,000.

Coward, Chance address advertising Telegraph House. However, Withers would not take on that responsibility of paying for the advertisements; therefore they would have to be covered by BR.

Re the children's settlements. Tylor tells BR that Meynell called asking if the position was that the power of appointment for the settlements could not be varied and that the concordat's term was that BR should not appoint any other trustees without Dora's consent, and any new trustees should be approved by Dora, to which Tylor confirmed as being true, noting that Maw had written regarding difficulties of this manner. Tylor sent Meynell Maw's letter of 20 December, and an extract of a letter from Davies to Maw of 18 December (extract being document .133874, record 116101).

The document is an extract of a letter written to Maw from Davies.

"'I do not gather that you have any criticism to make on the form of the documents, but you seemed to make some suggestion that an agreement should be expressed that if occasion should arise to appoint two new trustees, Dora should be entitled to appoint one and Bertie to appoint the other.'" "Nothing more need or can be done."

Letter discusses Schedule A and B income tax demands.