Davies has enclosed the proposal form for the insurance at Telegraph House, from the Guardian Assurance Company, which he requests for BR to sign and complete a description of the cottage (not present).

There is a notation on the letter stating, "Returned proposal form 11/1/32".

"The bank manager was most obliging, and advanced me £600, at 6%, without any time limit. I suggest that as soon as you get the cheque, you send him your cheque for the £600, together with a little note saying that it is to pay off my overdraft."

Davies encloses his "... firm's cheque for £500.8.3 being the balance of the sum of £1,100.8.3 received from Feakins, less £600 for which I have sent a cheque to Messers. Glyn Mills & Co. on your behalf in discharge of the overdraft for that amount recently arranged by you with them."

BR encloses letters "... from and to Ponsonby, who will be my leader when I take my seat" (not present). BR wants the letters returned, "especially [for] the views of my leader on the metaphysics of time".

Davies encloses a letter he received from Miss Otter (not present). "She seems to be doing all she can to dig up these ancestral roots of title, but I do not see as clearly as you do that the duty of an executrix includes this responsibility."

Time again, as quoted from Sophocles' Ajax.

Davies encloses a copy of a note he sent BR in September, "... by which the duties payable on Telegraph House and the war loan in respect of the death of your brother were estimated at £1,901.18.0., and the estate duty in respect of Mollie's death payable on the capital required to provide the annuity of £400 was estimated at £550."

The enclosed note is document .133435b2.

Re Davies' letter of February 2nd, BR thinks the missing documents may be at Child's Bank where Frank Russell banked until it became incorporated with Glyn Mills. BR says if the documents cannot be found they will have to apply for new ones. "I like your quotation from Sophocles' Ajax, but I do not think he can have had any experience of looking for lost papers." No interest runs on the death duties, so BR "can await Mollie's demise calmly."

Davies has heard from Buckland, and the letters patent have been found at Child's Bank.

Sophocles' Ajax is cited again.

BR is glad that the letters have turned up. "I suppose now that the Crown office has all it wants, so perhaps you will let me know what is the earliest date at which I could take my seat."

Davies instructs BR that all that remains for him to do to take his seat in the House of Lords, "... is to obtain a certificate that the late peer took his seat, and to produce evidence that there was no issue of his last marriage."

Davies encloses a draft of declaration (not present) to be made by the Dowager Countess [i.e., Elizabeth Russell, 1866-1941].

BR encloses the draft declaration (not present). "I am glad to see that Elizabeth only has to say she does not think she had any children by my brother. The law apparently considers that she might be honestly mistaken on this point."

BR asks: "Is it usual for a peer to have as much trouble in establishing his right to take his seat?"

In regards to BR asking if it is usual to have so much trouble in establishing a seat in the House of Lords, in his letter of the 13th instant, Davies informs him, "It is because you are not in the direct line of succession that you are called upon to furnish so much evidence. An eldest son by a first marriage would have very little to do to establish his claim to succeed."

Re the House of Lords.

Davies has received a satisfactory answer from Elizabeth. He has also received a requisite certified extract from the House of Lords journals, confirming Frank as having taken his seat.

Davies encloses "... a draft of a letter to be addressed to the Lord Chancellor as soon as we receive the declaration to be made by Countess Russell...." The draft is not present.

BR has enclosed his signed draft of the letter to the Lord Chancellor, but is not sure if it has to be entirely in his own handwriting. If that is the case, he requests that Davies send the letter back to him and he will write it out.

Davies informs BR that the letter to the Lord Chancellor does not have to be in his own handwriting.

"The letters patent have now been lodged at the House of Lords, and I have just been advised by telephone that your claim as been accepted."

There has been a question raised, however, about BR's Christian name. "You are referred to in Lady Agatha's declaration as Bertrand Arthur William, whereas your birth certificate gives only Bertrand. Have you any evidence as to how you came by the extra names?"

Elizabeth Russell would like to see BR take his seat, if he does so in the next fortnight.

Re BR's Christian name.

BR states, "I did not know that on my birth certificate I am merely described as Bertrand.... There is no baptismal certificate, as my parents did not believe in baptism. As soon as I get the summons, I will fix a time for taking my seat."

Johnston thanks Coward & Chance for informing him that BR has not been baptized and is prepared to be summoned under the name, Bertrand, to the House of Lords. A writ of summons has been issued to BR.

Johnston details the exact steps BR is to take at the House of Lords in order to take his seat.

Davies has received BR's letter of March 19, and has had his letters patent deposited at Glyn Mills & Co.

There is also a handwritten notation on the letter stating, "I send their receipt [not present]. Will you place it some suitable place for record—CLD".

Re Telegraph House.

Enclosed is a demand note (not present) for the quarter's rent due on the 25th March, amounting to £100.

Davies is absent. Coward, Chance have received BR's letter and receipt, which has been placed in their strong room with BR's other papers.

She encloses a cheque for £57.8.9, for the quarter's rent at Telegraph House, "... less payments made under Schedule A. Income Tax for £28.7.7 and £14.3.9 (receipts enclosed) [not present]. I am also sending you a cheque for £9.2.3 made payable to the Guardian Assurance Company."

Re Telegraph House. They have received BR's cheques.

BR encloses a cheque for £67.4s.9d in payment of his accounts and a third of the sum for the work on Griffin Barry's case.

Dora is unsure if she, or Withers, is to fill out the enclosed form (not present).

Davies has received the letter of yesterday's date, with the enclosed form regarding Telegraph House. "I will see that it is completed and forwarded to the proper quarters."

Dora has asked her secretary to send Davies the enclosed form (not present), and to note that the only information she can give in regards to the sporting rights at Telegraph House is "... that they are let for the whole acreage to a local farmer, Mr. John Boxall, of College Street, Petersfield, at an annual rent of £20."

Davies informs BR that because Dora now wants to marry Griffin Barry, "Divorce proceedings would therefore be quite honourable and have more chance of success than we anticipated at first."

[The sudden opening of the topic of divorce suggests that there were earlier letters on the topic and that they are missing from the files as received.—K. Blackwell, 23 Oct. 2008]

Davies is going to get Maw to read over BR's letter of June 16 to take notes of BR's views and wishes with regard to Dora to see if the wishes of both can be reconciled.

Davies also says, "I do not myself think that there would be any considerable risk of your both being deprived of the custody of the children as the result of divorce proceedings, if they were conducted, not by way of each of you blackening the character of the other, but by representing the court that while it was impossible for you to continue to live together, you both intended to marry again, and having respect for each other desire that the children, so far as circumstances permit, continue to be controlled by you both by agreement or equal exercise of right."

Davies tells BR he thinks the obstacles for BR being petitioner are against him, stating, "You would have to disclose in the petition that you have committed adultery, and would have to file with the court a statement and swear in court that the statement is exhaustive." The risk would be great that the statement would become public.

Davies has seen Maw and can better answer BR's questions.

"The counsel who has already advised on the possibility of obtaining divorce and who had before him a complete and accurate account of your matrimonial record was clearly of opinion that there would be no chance of a petition by you succeeding, having regard to the delay and the connivance and the regard of your own misdoings."

"If Dora brings the petition there is no intention whatever of representing you as a Don Juan." (Earlier Davies had used the word "libertine".)

See document .133442, record 115439; Davies gave BR this copy of his letter. BR lists a number of points for Davies to point out to Maw. They concern his gift of Carn Voel and alimony, and Dora's other family members.

"I am certainly not prepared to commit perjury."

"It looks as if you are in sight of reaching agreement as to money and as to the children, and what you have to do now is not so much to try to agree as to try to express what you have agreed on." Davies loans BR their correspondence since June 15 (not present), "relying on you to return it to me."

Davies advises BR to write out a definite statement of his proposals to see if Dora will accept them.

He received BR's cheque for £200 with his second letter of June 22, £100 of which went to Withers for the quarter's rent and the other £100 went "... to Mr. Maw for him to pay Dora on the footing of the arrangements provisionally made with regard to money."

Davies has spoken with Maw since his first letter to BR. "He has now telephoned that he has made a consultation with Mr. Bayford K.C. who says that divorce proceedings as things stand would be almost hopeless and recommends a separation deed fixing about money and the children, and if then Dora were to live chaste for a time (say until the school is abandoned) and you were to continue to live in sin it would be possible for her to petition for divorce with much better chance of success and if it were granted the court would order the same arrangements as under the separation deed about money and children."

Davies has received BR's financial proposals for the separation or divorce from Dora.

Davies has instructed Maw that the rent of Telegraph House was being paid and to send a cheque for £100 for Dora. "I do not know why you should be inclined to assume that divorce is definitely off, or why you do not much believe in the idea of reviving it after a while." BR's belief would be "in opposition to the advice given by the most experienced divorce practitioner."

Davies instructs BR that "Mr. Maw says that the idea of a postponed petition is not 'off', and as in any case we shall want the separation deed...." Dora is to decide whether the separation deed shall contain the "dum casta" provision.

This is a typed copy of document .200012, record 19049. The typescript differs in that it begins "Thursday night".

Re Russell.

Rowe & Maw enclose a spare copy of draft heads of agreement (not present) for the deed of separation.

Davies encloses a letter from Rowe & Maw to Coward, Chance & Co., with copies of the draft of heads of agreement and the estimates from 2 July 1932 for Dora's income and expenses.

Davies has received BR's letter and his comments on Maw's documents.

Davies tells BR, "I will try to piece together the proposals with regard to money and the house and with regard to the children as they emerge from your proposals and Mr. Maw's documents and your comments thereon."

Davies has received BR's letter of July 13 and can now send Maw a complete draft of the heads of agreement for the deed of separation.

Davies tells BR, "I found difficulty in piecing together Mr. Maw's proposals and your proposals and letters, so as to form a clear consistent comprehensive scheme, but I think I have now succeeded in doing this and I enclose a copy of fresh heads of agreement" (not present).

Davies received a telegram from BR the morning of July 21, which he notes in his letter. The telegram (record 115469) said, "Draft correct except delete word even in clause eight." Davies has deleted the word and sent the draft to Maw.

Griffin Barry was with Maw in his office when Davies telephoned.

Davies has received a letter from Rowe & Maw stating, "We beg to acknowledge the receipt of your letter of to-day's date and of the enclosed draft heads of agreement. We hope to be able to communicate with you again in the course of a few days and will do our best to get the instructions out to counsel this term. We thank you for the lease of Telegraph House which we will return to you in the course of a few days" (draft of heads of agreement is not present).

Davies has still not heard from Maw and has written to him to inquire if an agreement has been reached and to notify him that BR will be leaving "to-day" (July 28) for his holiday. There is a handwritten postscript informing BR that since Davies wrote the above Maw telephoned, "... saying that he will soon be sending to us a copy of the instructions which he proposes to give to counsel."

Re Russell. Enclosed with document .133459, record 115454. Rowe & Maw have put instructions before the counsel "to-day" (August 3).

"There is one matter to which it is a little difficult to refer but which bears on the agreement and that is the future provision for the education and commencement in life of John and Kate after the death of Lord Russell. Lady Russell had in mind that she would like to be able to provide for this when instructing us that her allowance after June 1933 should be £400 a year for her life, you have provided that it shall be £300 during joint lives which is likely to mean Lord Russell's life." Dora also is anxious to have the paternity of Harriet and Roderick established as Barry's children, and she suggests that she be made a trustee of the trust funds.

Coward, Chance & Co. inform BR they have heard Rowe & Maw have sent instructions to counsel to settle a draft of the deed of separation. "We enclose a copy of these instructions, the left hand column of which you will see sets out the heads of agreement to which you have already agreed. The right hand column contains certain suggestions and alterations made by Rowe & Maw on behalf of Lady Russell which will have, if considered reasonable, to be incorporated in the draft of deed" (instructions are not present).

Coward has also enclosed (document .133458, record 115453) Rowe & Maw's letter to them, which was also sent to the counsel, raising Dora's concerns about the future of John and Kate after BR's death.

Davies received a phone message from Maw saying he will be leaving on holiday the following Friday, September 9th. Davies asks BR to return the draft of the separation deed with his comments as soon as possible.

Typed copy is document .101011a, record 115732.

BR's "objections to draft agreement received 7. 9. 32." This is not a letter but six objections to the draft agreement. The first person (meaning BR) is used.

Typed copies are documents .1010111b and .101011c, record 115733 and record 115734.

Davies has received BR's letter of September 7 and encloses a fresh copy of the draft (not present), with the amendments Davies proposes to make on BR's behalf in red ink.

Typed copy is of document .101011d, record 115735.

Davies received BR's letter and cheque of £100 for rent, payable to Withers September 29.

"I agree that it will be best for you to make any payments of Schedule A. Tax, and these can be deducted from the next payment of rent."

Davies informs BR that "if there is no agreement, you and Dora would both be at a disadvantage if there continues to be dispute and friction as to John and Kate and you both dislike it." Davies thinks the draft agreement is fair in regards to the children.

The possibility of Dora trying to obtain more concessions is raised.

Typed copy is document .101011i, record 115740.

Davies tells BR, "... I will do nothing more unless and until I hear further from Dora's solicitor or from you."

Typed copy is document .101011k, record 115742.

Maw called on Davies "... to-day and I told him that, while in all other respects the document must stand as settled and you would not negotiate further upon it, you were nevertheless ready to make one more concession, namely to pay after midsummer 1933 £400 instead of £300 a year."

Griffin Barry is sailing for America on Saturday.

Typed copy is document .101011m, record 115744.

Re Telegraph House.

Davies encloses a letter from Withers "... with regard to the valuation of Telegraph House."

Enclosed document is .133468, record 115463.

Enclosed with document .133467.

Re Telegraph House, Harting, Petersfield.

Regarding the quinquennial valuation of Telegraph House and cottage, Withers says, "In the circumstances, we agree with you, that is probably the rateable value to which the present valuation relates, and if this is increased to an extent beyond the present schedule "A" assessment, it is quite possible that the latter may be increased also. However, it would not appear that anything can be done at the moment."

Davies encloses a copy of a letter from Rowe & Maw, which he will not answer until he hears from BR. Apparently Dora has decided not to have an agreement.

Enclosed document is .133470. Typed copy is document .101011o, record 115746.

Re Russell.

"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."

Enclosed with document .133469.

BR encloses claims of refunds on income tax from John and Kate's trusts (not present). He has never had the "dividend counterfoils mentioned".

Davies encloses "... the draft of a letter which we considered this morning."

Enclosed document is .133473. Typed copy is document .101011v, record 115753.

"I have received your letter of the 12th and share your wish that we should reach 'some agreement which expresses our mutual rights in the children and does not leave you dependent only on my good will.'"

Handwritten corrections have been made on the letter. They are not in Russell's hand.

Typed copy is document .101011w, record 115754.

The source is Davies' letter of the same date quoting BR's telegram "this morning".

Davies has not heard anything from Maw.

Davies encloses a letter he wrote to Dora regarding "... the investments of Sanger's legacies to John and Kate."

Enclosed is document .133475, record 115471.

Typed copy (an extract only) of an extract is document .101011y, record 115756.

Davies addresses the issue that, according to BR, Dora is under the impression that Davies is withholding the certificates for the investments of Sanger's legacies to John and Kate. There seems to have been some miscommunication, as Dora's letter to Davies of July 27 arrived the day Davies left for his summer holiday, and the letter in response was written and signed on Davies' behalf. "The securities for the legacies to John and Kate were also found, and particulars were given of them, but as you had not asked for them in your letter, it was mentioned that our office was retaining them for the time being." Davies encloses the investments (not present).

Enclosed with document .133474.

Enclosed is document .133476, record 115473.

Typed copy is document .101011ab, record 115759.

Re Lord and Lady Russell.

Davies has revised the draft agreement to be acceptable to both BR and Dora, and encloses it (not present) for suggestions. Enclosed with document .133476.

Typed copy is document .101011aa, record 115758.

Davies asks BR, "Will it be possible for you to say anything more with regard to the schooling and residence after June next?" Davies has received an envelope addressed to BR from Dora, dated November 22.

Enclosed is document .133479, record 115475.

Typed copy is document .101011ad, record 115761.

Re Lord and Lady Russell.

Maw tells Davies that before he shows Dora the proposed agreement, he would like to know what BR plans to do regarding the school and residence after next June if the school is closed at Telegraph House.

Enclosed with document .133478, record 115474.

Typed copy is document .101011ac, record 115760.
 

Davies has considered Dora's letter of November 22, regarding rates and income tax, and lays out the position for BR. Dora has requested that BR respond to this letter to Mr. Buckland, which Davies has done. A postscript says that "since writing the above I have received Mr. Buckland's letter of the 5th instant to you and a copy of your reply. I gather that you cannot give me any details of your previous payments of rates and therefore it seems to me that the best and most direct way of getting information is for me to write to the respective rating authorities. Do you agree?"

BR has noted at the top of p. 1: "Please return after noting contents BR". BR's recipient is unknown.

Re telephone conversation with BR, when he was informed by Coward, Chance that Dora "... had executed the deed as an escrow pending her appointment as a trustee of the children's settlements ...", which BR is in agreement with; Dora would also like to be a trustee. Coward, Chance note that, "doubtless this will also be agreeable to the present trustees, Mr. Lloyd and Mr. Meynell, but it will be necessary to obtain their execution of the deed of appointment."

Coward, Chance has received a notice from the Guardian Assurance Company for BR to make payments of £4.12.3 for the fire insurance premium at Telegraph House and 12/- for the fire insurance premium at the cottage.

Coward, Chance received BR's letter of December 24th with a cheque for the quarter's rent of £100, due to Withers on December 25 for Telegraph House. The letter addresses the Schedule B. Income Tax and Schedule A. Income Tax.

Coward, Chance have received BR's letter with the enclosed cheque for £5.4.3 for the Guardian Insurance fire insurance payments.

To BR, "Last evening when I shewed to you the letter of the 3rd January from Rowe & Maw and my reply, which you approved, you handed to me your cheque for £59.6.6 to enable me to pay their costs. I mentioned our own charges to you, and now enclose a note of them, including the amount of £10.15.10 which will have to be paid for the stamping of the separation deed" (note is not present).

The letter is wrongly dated 1932.

Typed copy is document .101011ax, record 115781.

Davies thanks BR for his cheque of £73.1.3 and "... return[s] herewith our account receipted" (not present).

Davies also received "... to-day from Messers. Rowe & Maw the part of the deed of separation executed by Dora and duly stamped. We calculated the amount of stamp duty right at £10.15.0, and I am sending a cheque for that amount to Messers. Rowe & Maw."

The deed of separation will be put in the strong room for BR.

BR sends Davies his cheque for income tax for Carn Voel, amounting to £4.5.10.

Davies thanks BR for his cheque of January 13th and has sent it to the tax collector.

Davies has received the new deeds of appointment of new trustees signed by Lloyd. He quotes Lloyd in his letter suggesting that the Australian stock be sold "... and invest in some sound U.K. debenture or even a U.S.A. gilt edged bond. I don't trust the Australian financial position and the present quotations are too high in my judgement." Davies will leave this to BR's discretion and says he will not mention it to Meynell when he sends the deeds for him to sign.

BR tells Davies he is inclined to agree with Lloyd regarding the Australian stocks, but would rather invest in war loan "for an investment which is to remain undisturbed through a number of years. I should not care to invest in anything American."

BR would like to know if Dora plans to continue the school at Telegraph House, and asks Davies to "... tell Maw that I must know, at the latest by February 20th, whether she means to continue the school in the event of John and Kate remaining there."

"I have, under the agreement, a right to take possession of Telegraph House on July 25th, but I have no wish whatever to influence her decision as to whether she goes on with the school or not."

Davies received a letter the previous day from Maw, in response to Davies' letter of January 25, conveying BR's desire to know if Dora plans to continue the school at Telegraph House. Davies states, "It is out of consideration for Lady Russell that Lord Russell is asking to know as soon as possible whether she would wish to continue the tenancy for the school.... If she wishes it to go on, Lord Russell will accept her as a tenant on the footing that the annuity of £400 will be applied in paying the rent."

Typed copy is document .101011bd, record 115787.

Davies tells BR he will consider the points BR made by telephone and expects his letter.

Enclosed document is .133493, record 115490.

Maw will forward a copy of Davies' letter to Dora. Maw defends his letter to Davies, stating, "What I was complaining about was the absence of any reasons. I certainly intended no insinuation which ought not to have been made. I still consider it quite a fair proposition that it would not be difficult to make temporary arrangements for a term's schooling. You have now stated the reasons for Lord Russell's desire to have an early decision and I accept them fully."

Enclosed with document .133493, record 115489.

Typed copy is document .101011be, record 115788.

BR says that if Dora decides to evacuate Telegraph House he thinks he will "... not want to live there myself. I shall, in that case, try to let it, which may be feasible if one asks a low enough rent. I think perhaps it might be as well to let Maw know this, as Dora will not mind giving up Telegraph House if it is to be let as she would if I were going to live there."

Typed copy is document .101011bf, record 115789.

Dora mentions that she wrote to BR, "... in reply to two points raised in your letter, as to the school being a 'new' school if I should move, and as to my alleged previous 'neglect' of John and Kate. Bertie has replied to me on both these points in a reassuring manner, and I hope that they will not arise again. It is essential that Bertie and I should continue to regard one another as responsible parents, or co-operation will be very difficult."

Dora goes on to discuss the terms of Beacon Hill School and John and Kate's education.

Enclosed with document .133505, record 115493. Typed copy is document .101011ce, record 115814.

Davies mentions in the opening of his letter, "I think you had planned to leave England on the 21st. I am uncertain where you may be now, especially as I saw in the newspaper that Lady Agatha had died at the end of that week, and I do not know whether this may have affected your arrangements."

Davies encloses a copy of a letter from Dora dated April 26.

He notes with regard to Telegraph House that BR's letter "... of the 22nd gives your decision, not to abate any of the £400 rent, and to take away your furniture but I am afraid that I must trouble you to let me have your comments on Dora's letter."

Typed copy is document .101011cf, record 115815.

Davies is writing to Maw regarding the arrangements to be made for the school, and notes, "Lord Russell has said that, if Lady Russell indicates her intention to continue Beacon Hill School, he will agree to the children remaining there."

Enclosed with document .133497, record 115500. Typed copy is document .101011bh, record 115791.

Lady Agatha's testamentary disposition, which Davies refers to as an enclosure, is not present.

The red leather volumes (by Molière) referred to are in Russell's Library, ##458-9.

Davies makes an exclamation about Newnham, where presumably Aunt Agatha's legacy was directed.

Enclosed is document .133507, record 115496.

Re Lady Agatha Russell Deceased.

Withers sends a "print" of the will and codicils for BR to see (not present). Aunt Agatha left BR "two large volumes of Molière in red leather" (Russell's Library ##458-9).

Enclosed with document .133506, record 115496.

Enclosed is document .133511.

Davies has received BR's letter of 1933/05/06. He has sent Maw a slightly edited copy of BR's comments about Dora's letter.

Davies quotes a letter he received from BR: "The uncertainty and expense of temporary arrangements, and the inconvenience of absence from my books and personal possessions, become increasingly irksome." BR will not extend Dora's tenancy at Telegraph House beyond July 25th, 1934, unless she decides to stay there until midsummer 1937. In that event, he will allow her tenancy for £100 a year.

Enclosed with document .133508. Typed copy is document .101011ci, record 115818.

BR discusses his terms regarding Dora and Telegraph House. BR tells Davies he would want Dora to know that unless she binds herself to staying at Telegraph House until midsummer 1937, he will not extend her tenancy there beyond July 25, 1934. If Dora stays, BR will let her have it for £100 a year. BR needs to know her decision before June 25th, as he will need to find an unfurnished house should she decide to stay.

Text of letter is in Davies' letter to F.G. Maw of 1933/05/15, record 115498.

In the letter Russell refers to his of 1933/05/06; the typed copy is document .101011cg, record 115816.

Davies has written to Rowe & Maw "... for Dora's concurrence as to the re-investment in war loan, and will wait to obtain the signatures to the documents until they are all ready to be signed at once."

Davies encloses a copy of his last letter to Maw (document .133496).
 

"Dearest Colette, Conrad's arrival is a little postponed so I have time for a short note, just to thank you for the typed extracts. Bits of the same letters are in the bundle you sent me to Peking, but less full than in what you have now sent. There is no hurry as my Autobiography won't be finished for ages."

Davies quotes the letter he received from Maw dated February 10: "I saw Lady Russell yesterday and will write you fully in the course of a few days. The whole position is very difficult."