Page:Devon and Cornwall Queries Vol 9 1917.djvu/122

 94 Devon and Cornwall Notes and Queries. said Cicely Marshall. That about the year 1645 the s"* Susan Molford falling very sick and having very much wasted her estate in the maintenance of the s'^ Ciselly declared her desire of settling that small estate she had left on her two sisters Elizabeth Northly and your oratrix Dorothy (being all the sisters she had), but fearing lest the s*^ Cicely Marshall should be lost by her father as formerly, she procured a grant of an annuity from your orator Richard Bateson of ^10 a year to the s** Cicely for life with some limitations mentioned in the s"^ deed. That it was often declared by the s"* Susan Molford that although the deed might charge the s*^ Richard Bateson's lands, yet it was the intention that as soon as John Marshall or any other friend should provide for his s'' daughter, the said annuity should cease, but this was kept private lest her father John Marshall should take any other advantage hereby. That all the consideration which your orator Richard Bateson had for raising the s*^ annuity was ;^ioo given by the s** Susan Molford to your oratrix Dorothy, having given them very little beside, and in all much less than her sister Elizabeth Northly who had £100 given by the s'* Susan Molford without any deduction. That after the death of Susan Molford the s"* Cicely remamed some time with your orators, but at last the s**' John Marshall did take home his s"* daughter, but not wholly as she came to them once every year at least and stayed a quarter of a year at least and your orators spent on her at least £'^0. That about a year and a half since the s'* Cicely was married to John Aire of Atherington who had with her a porcon of ifsoo. That the s** John Aire with Balthazar Aire are taking action to recover the pretended arrears of the s** annuity, which annuity is said to have been assigned to the s** John and Cisly Ayre to the s** Balthazar. Answer of Balthazar Ayre, John Ayre {and Cisley his wife) taken before Phillippe Wyot at Barnstaple, 18 J any., 1656. (Note by Wyot : — " The Answeare of the other defendant Cisley was forborne by me to be taken in regard it appears to me that shee is deaf and dumbe."). That the s Susan Molford did in consideration of ;^ioo paid to the s Richard Bateson obtain an annuity of ;^io a year for 99 years if the s^ Cicely Marshall should so long live, issuing out of the s*^ Richard Bateson's demesne lands called Cadbury, and that there was no such understanding as is alleged by him.