Friday, April 18, 2014

Pedro Felipe Rodriguez ~ Will 1784

Know all who see this that I, Pedro Felipe Rodriguez, soldier of this royal garrison, am ill and in sound mind.  I hereby make my last will and testament.

I ask to be shrouded with the habit of our patron saint, St. Francis, and buried in the Castrense Chapel as a poor soldier.

I declare that I married Gertrudis Padilla and lived together for forty years and we had and raised seven children, four males and three females: Alejandro, Ricardo, deceased, Jose Mariano, deceased, Juan, deceased, Maria Jacinta, Maria Valencia, Maria Dolores, deceased.

I declare owning a house which is where I live with a piece of land, which is evident by the deed, it is my will that half be given to my wife and the other half to my children; and the furniture therein belongs to my wife and the piece of land adjoining to it belong to my wife.

I declare having a small portion of land, which I have in Buena Vista, composed of 300 varas which it is my will to be divided in equal parts between my wife and children.

I declare as my chattels three oxen and one burro, which will be left the benefit and service of my wife.

I declare of having some lands in the settlement of Las Trampas, in two places as settler which I order to be divided in equal parts between my wife and children.

I declare having a complete armament, less the sword which is broken; and four horses, with which I serve the King and of which my superior may decide.

I declare of having one old and one new serge uniform, cloak and hat.

I declare owning don Jose Duran, settler of this villa, 15 pesos in reales, I order it paid.

I declare owing Vicente Jimenez, settler of Tesuque, eight pesos of common currency, I order it to be paid.

I declare owing Miguel Ortiz, also a settler of this villa, six varas of wide Puebla unbleached muslin, I order it paid.

I name as my executors first my wife and second my son, Alejandro.  Made on this 29th day of (incomplete) [December 1784].

*He was buried on January 5, 1785 at Santa Fe.

References:  Spanish Archives of New Mexico, Series I, Twitchell 734, Reel 4, Frames 884-886.
©Henrietta M. Christmas

Wednesday, April 16, 2014

Land Sale, Diego Martin, Ursula Ramos, Juan de Dios Martinez Sandoval ~1710

In this villa of Santa Cruz on the 21st of March 1710, before me, General Juan de Ulibarri, Sargento of the Kingdom and Province, Attorney General, perpetual alderman, and visitor, commissioned judge of this kingdom and jurisdiction, Secretary of Government and War, Ordinary Alcalde of the villa of Santa Fe and Captain of War of this Jurisdiction of la Cañada, there appeared Juan de Dios Martinez de Sandoval, resident of said jurisdiction, giving bond and security for Diego Martin, his brother-in-law, from whom he has special authority to treat with the Captain Bartolome Lobato and Miguel Tenorio de Alva, and to perform the royal sale.  The boundaries are on the north, the hill of said Cañada; on the south, with the river; on the east with the arroyo that has a trough; and on the west with lands of said Juan de Dios Martin de Sandoval, the said site he gives as royal sale to doña Ursula Ramos of Santa Cruz for the sum of 50 pesos.  It is understood that the said Diego Martin includes a small house and a small room he has built where he resides. 

As he did not know how to sign, the Lt. Joseph Trujillo, Captain Matias Madrid and Francisco de Ribera, the two residents of the jurisdiction, on said day.  Signed Bartolome Lobato, rubric; Miguel Tenorio de Alva, rubric: Juan de Uribarri, rubric.

References:  Spanish Archives of New Mexico, Series I, Twitchell 736, Reel 4, Frames 890-891.
©Henrietta M. Christmas

Monday, April 14, 2014

Juan Rodelo ~ 1716

Know all who may see this last will and testament that I, Juan Rodelo, a resident of the villa of Santa Fe, am ill in bed, but of sound mind and judgment.

I declare that I owe Tomasa La Perea, wife of Marcos Armijo, one shroud of Our Holy Father, St. Francis, on which I have paid her on account of six pesos; and I ask her in the name of God, should I be called away from this life before finishing payments for the same, that she forgive me for whatever balance I owe her, being unable to pay it.

I declare being indebted to Captain Luis, two pesos, and two pesos to Joseph de Atencio, and ask that my wife request that they cancel the said debt, and if they refuse to do so, that she pay it, if possible.

I declare being indebted to the said Cristobal Salas Trujillo, four pesos.

I declare that Francisco Belasques owes me four pesos, Manuel de Silva, eight pesos; and I order collection.  Also the servant of the first Governor, don Felix Joseph, “el Cusco” two pesos for one anquera that I sold to him for two which are to pay for the relief heretofore specified.

I declare that I am married to Micaela de Linares, and during the time of married life, we did not have any children.

I declare that I request of my wife that whenever God has called me away from life, that my corpse be delivered to the corporal guard, should the soldier so desire, or some benefactors should want to bury me through charity.

I declare as my chattels, this small house and a parcel of land that adjoins the house.  The said land I bought from Marciala Zapata, who has not yet executed any indenture of writing for the same.  Before making this will, she agreed in the presence of Captain Juan Garcia de las Rivas, to execute the said indenture of writing before the said Alcalde, in order not to leave my wife any lawsuit; and she, Marciala Zapata, promised to execute the same at any time.  The house and land I leave to my wife.

That I leave a coat to be given to any one that will furnish my shroud; that the same be given to Tomasa La Perea by my wife, if she will forgive me the debt I owe her.

I leave my said wife as my executrix.

And this is my last will and testament, may it be enforced and I ask and request of Captain Juan Garcia de la Rivas, High Sheriff and the Holy Office and Ordinary Alcalde of this said villa, that he acknowledge the same in his official capacity.

He, being not being able to write, did not sign the same, and upon his request one of the witnesses signed for him in my presence, and were present as follows:  Isidro de Medina, Diego Salazar, Jose de Armijo, all residents of this villa.  All done before me, at Santa Fe, March 8, 1716; signed Juan Garcia de Rivas.  Witnesses:  Juan Manuel Chirinos, at the request of Juan Rodelo; Tomas Jiron de Tejeda.

References:  Spanish Archives of New Mexico, Series I, Twitchell 731, Reel 4, Frames 877-879.
©Henrietta M. Christmas

Friday, April 11, 2014

Diego Padilla ~ 1833 Will

Know all ye that see this testament that I, Diego Padilla, native of this city of Santa Fe, legitimate son of Ysidro Padilla and Ana Maria Marquez, both deceased and residents of this town, am sick and order this my final testament.

I declare that I was married to Maria Rita Avila for the period of fifty years during which marriage we had and raised thirteen children:  Maria Josefa, Jose Maria, Jose Victorino, Maria Salome, Teodoro Bernardo, Maria Feliciana, Maria del Refugio, Maria Juana, Maria Francisca, Maria Antonia, Jose de la Cruz, Maria Guadalupe and Maria Juana, who are my heirs and successors.

I declare that when I married my wife, she brought to my possession a portion of land which number of varas I do not know and is situated at Tesuque River and has been planted by her brother, Jesus, with her consent and mine and the same appears in the document.

I declare a house of residence with contains six rooms, and a portion of agricultural land.

I declare that from the six rooms in the above house, I have sold two rooms to my daughter, Salome, with ingress and egress, but no land.

I declare, on ox, three bulls, and two three-year-old heifers, and 1-2 years old bull, twelve goats and a pig.

I declare to have a second hand copper kettle, two brass kettles and two of copper, one big copper kettle which I bequeath to my master to be delivered to him after my days by the steward.  Six china large dishes, and four small ones; three cups; four chocolate cups; one coffee tin pot; four tin cups; on broken pitcher; one tumbler; one hoe, and one ax; one adze; one chisel; six sickles; on spit and one iron spoon.

I declare as mine, a small amount of blacksmith tools, containing the following tools:  three files, one anvil, one vise, one pair of shears, one big copper spike for repairing tin cups, the three files and small hammer, and anvil are loaned to Noland and one gun which he took to repair.  I order to gather them from the said Noland.

I declare as my property, one large barrel; one small one; three jugs; one gun without a handle; one goat iron mark; two wooden boxes, one with hinges and lock; one cupboard with its lock; one ready cart; two loom combs and a pair of loom ___. 

I also declare to have at Analco one hall in the house which was compadre, Santiago’s with its corresponding land on the south side and house frontage.

I also declare to have sold to my son Jose Maria the house of my mother, for the price of 50 pesos in cash and has paid 25 and owes 25, for which he will pay so many masses for the same, for the soul of my father and mother, whose instrument has not yet been executed, I order to be made.

I declare for my property in this town, from the boundary of the Garcia’s to the peak of the Spring (cerro del ojito), a portion of land which is contained in its instrument is the house of Uncle Lorenzo Marquez, at El Bado, I order my sons to get it.

I declare to have purchased at Rio Tesuque, a ranch and four room house, as will appear by its documents (one outfitted to make molasses with), two canoes, tree pistons, one plank with its cubes and a large rafter press, one timber yard and a tower at the top of the hill, all this outfit I order my sons to collect from the sons of Juan Ynocencio.

I declare a portion of land which I bought from Juan Ysidro Jimenez, continuous to the first one, and contains 23 ½ varas as it appears in the documents.

I declare to have purchased form Juan Isidro Jimenez another portion of land for which he has made no instrument, amount paid on account of his marriage.

I declare to have purchased from Manuel Antonio Jimenez a portion of land, which I have not received nor have made the instrument, but his sons know about it, and have the instrument, I order to claim it.

I declare as my property at the Pecos River, a possession of land which don Francisco Trujillo, don Bartolome Marques and myself got by grant the instrument of which is my possession and in don Francisco Trujillo’s the partition which we had between the three in the same contains the agreement which we made and will bind us forever.

I also declare as my property at the Cañoncito de Pecos which empties in the land of the natives of Pecos, a portion of land containing 300 varas as appears in the schedule in my favor.

I declare that there is due to me a church warden for back salaries and as assistant which I have been for 50 years to the present date and appears by my accounts placed in the Corporation and Church book, and when adjusted I order it to be collected.

I declare the group of this garrison in this City, it indebted to me as assistant which I have been since the year 1817 to the present date at the rate of three reales per year for each soldier, and have only paid me the board wages, I order that when the accounts be adjusted by the qualified officers to collect what may be due to me.

I declare that the Priest, don Fernando Ortiz loaned to don Antonio Narbona, St. Anthony and took it to Sonora, it belongs to the society of Our Lady of Light, this is declared because I do not want it to be charged to my children, and that it may be claimed for where it is.

I declare that I have donated a bell, and an image of Christ one vara in height, for which there will be no charge, furthermore, that the consecrated stone of the altar of the said Chapel is in possession of the heirs of don Jose Ortiz, I order to get them.

I declare that there is a missal at Jemez by order of Father Gonzales and a silver cruet at Tome in possession of Father Maradiaga; I order to collect both of them.

I declare, as I have stated to have been assistant of the church and all the wax lights are in existence, except those which have been used by order of the parish priest, as the inventories in which every article was contained has been lost, this I declare for the relief of my conscience, and not to be charged to my heirs.

Also I declare, that from my property be paid to San Miguel a small ring which was stolen from me.

I order and charge my heirs, that my the instrument made by Crespin in favor of my grandfather, Bartolome Marquez, and is in my possession, I claim the portion of land which has been sold, although my grandfather donated it to San Miguel and had been so held, nor the bishops had permitted to be sold, but to preserve it for the purpose for which had been granted by the grantor and the instrument of the land of San Miguel exists in the archive I believe, for when don Manuel Delgado was judge the land was measured, the rope being held by me and Felix Sanchez, and new instruments were made and delivered to Lt. don Ygnacio Sotelo.

I declare that the sacred stones of the church are in my possession of the father minister.

I declare that my daughter, Josefa, bought the house of my compadre Santiago Padilla when he died, for the payment of the full amount she was lacking one yoke of oxen, which I paid out of my property, and at the time of dividing my property the twenty-four pesos may be deducted from her inheritance, to be equal with the others.

I declare that I owe nothing, and if there should appear any account and proven, I order it to be paid.

I declare that Vicente Apodaca, owes me 100 pesos of the land for a house which I sold and he has paid me two measures of pine nuts, for 24 pesos and 12 varas of woolen cloth for 18 pesos, the balance I order to be collected.

Nicanor Olguin owes me 20 pesos in cash according to the note which he has signed, I order to be collected by my heirs, and also Rev. Pedro Martin owes me 24 goats.

I appoint as my executors, Rev. don Fernando Ortiz as the first, don Ygnacio Ortiz as the second and don Antonio Sena and the third one, jointly, giving to each one free power and general management and third part, one half to my wife and from the other half, deducting from the fifth and third part, which I leave for the benefit of my daughter which is in my possession unmarried and for boy, Eugenio, whom I have raised, to whom I bequeath it.  What remains will be divided amongst my said children.

Made at his house and natural understanding on February 25, 1833, I signed for he was blind, Antonio Sena, rubric.  Witnesses:  Domingo Fernandez, rubric; Nestor Armijo, rubric; Cristino Tapia, rubric; Jose Francisco Ortiz, rubric; Jose Francisco Sena, rubric.

References:  Spanish Archives of New Mexico, Series I, Twitchell 712, Reel 4, Frames 743-751.
©Henrietta M. Christmas

Wednesday, April 9, 2014

Soldier, Jose Martin Padilla ~ Will 1817

Memorandum of the death of the deceased, Jose Martin Padilla, soldier, a volunteer in the Militia Cavalry of the 1st Company, has left in accordance his testamentary and oral disposition which he made in the presence of the 2nd Sgt, for not having had more time.  Dated October 9, 1816 and not having left executors, I have made the distribution in accordance with the disposition of the old will executed on November 18, 1812.  In the presence of Sgt. Don Jose Francisco Baca and 1st Corporal Santiago Rodrigues, that is to say:

16 breeding cows; four yoke of oxen; three bulls; nine calves of one and two years; 62 sheep, including young and old, up to four years; 14 goats; two rams; two goats; two mules; three horses; one mare at 800; three burros – two large and one small.  The house which consists of six rooms, together with an orchard and trees, taking note that in the said orchard, there are three varas of land and a tree to Ysidro Padilla and additional three varas of land and a tree to Juan de Dios Martin; 630 varas of land in different parts in accordance with documents belonging to the aforesaid.  The string of saddle animals belonging to a fort in operation; a shot-gun and pistols.  Forward… the sum brought forward; eight sets of harness; those of buckskin at 20 pesos and one of leather at 3 ½ pesos.  There have been distributed six, two long narrow carts, fully equipped at 8 pesos = 1600 pesos.

One loom at 740; two spinning wheels at one and two at 18 p, 740; seven combs, there are six at 3 p., 1800; two pairs of cards, 300; one pair smooth; one old saucepan, 240; one iron griddle, 200; one iron spoon 240; two small saucepans, 140; two chests, 900; five benches, 740; one clothes press, 540; four were distributed, six leather bags at 20 reales, 100; nine of the aforesaid bags of elk hide, 240; one barrel, 900; three hose, 840; one ax, 400; one screw driver, 100; one branding iron, 400; one pair of trousers; one uniform; one cap, 1800; debts due, 21.4; Year 1852.

Distributions were made to Magdalena Padilla from her father, Jose Martin Padilla, list of distribution, then incomplete.

Archive 705 continues with a new list and the schedule is in favor of Micaela Maes (wife) and Magdalena Padilla.  Juan de Dios Martin and the latter has made grace of not charging anything to his mother and charging only for the share of Magdalena Padilla, as well as for himself. 

Signed 2nd Ensign of Calvary Volunteers and signed with him the Corporal Santiago Rodriguez on June 16, 1818.  Fernando Delgado, rubric

References:  Spanish Archives of New Mexico, Series I, Twitchell 705, 705, Frames 689-696.
©Henrietta M. Christmas

Sunday, April 6, 2014

Juan Pacheco v. Antonio Martin ~ 1736

I, Juan Pacheco, a native of this kingdom and a resident of Santa Cruz, appear before you and say:  I am married to Ynges Martin, the legitimate daughter of Antonio Martin, my father-in-law, a resident of this locality and living in the said villa.  I have had three children by said wife and I have to support them together with my said wife.  It is according to justice and reason that the legitimate inheritance be paid to my said wife and children, which falls to their share from the property which my said father-in-law possess from the maternal share, which he cannot deny because of the demise and death of my mother-in-law, may she rest in peace.

At the present only one parcel of land is recognized, which is located in the area of El Rio Arriba, which contains a well-built house which is composed of eight rooms and an orchard which is at the foot of the said house.  The reason I have, for making this petition, is that it compels me to ask for this maternal inheritance, and that my father-in-law has a new family to support and is trying to sell the said house, orchard and lands belonging to her and we are three children of the lawful marriage and he wants to leave us in the street; which is not reasonable.  My father-in-law says that he will pay each one of us this maternal inheritance with a piece of land and that he does not want to give us any of the house and orchard because he wants to sell it.  My said wife is objecting to this.  She has objected because she has made improvements to the said house and orchard.

We live in said house and my brothers give their share to him, for my part and that of my wife, we do not consent because we find ourselves with a large family.  Juan Pacheco, rubric

On March 2, 1736 at Santa Cruz, before me Captain, Juan Estevan Garcia de Noriega, alcalde mayor, the petition was presented will review and order my two assistants as witnesses.  Signed Juan Estevan Garcia de Noriega, rubric; Jose Garcia de Noriega, rubric; Miguel de Quintana, rubric.

I, Antonio Martin, a resident of this villa of Santa Cruz, appear before you.  The opposed sale by Juan Pacheco and my daughter, Ynes Martin, his wife, which I have resolved by a piece of land and a house which I have in the that locality, falsely alleging that I am depriving them of the maternal share and that I am leaving them in the street.  To which I should and do say that all that this party alleges is null, false and do say that all that this is without foundation; because I have given and assigned them the half of the lands, and even something more, which is the land I am ready to deliver now or at any time if they lack something to complete the half of the piece of ground which I own through a gift and donation that my brother, Sebastian, gave to me because I am his brother and for no other reason.  I had already acquired it during the lifetime of my first wife, the mother of my said children, and for this reason I consider it community property.  It is never my intent not to give them what belongs to them from the maternal share and of what remained at the time my first wife died.  It was recognized that it was the said land and three rooms of the house in which we live.  The latter was sold for the value and price of two head of cattle, one of which was eaten by the complainants, with which I have paid them for that part.

Therefore, I can use this to support myself and maintain the new family with which I am burdened.  As I am in debt and above all as it is mine and not my children’s; I desire to sell it to the person who will give me the most and will suit me the best.   Signed Antonio Martin, rubric.

…The said witnesses whom I present are Joachin de Atienza and Jose Martinez, who were the ones who were present at the death of the said deceased Felipa, who was the one my wife, the one my wife recognizes as mother because she raised her, not being the reason.  Juan Jose Pacheco, rubric.

Referred to the Governor by Juan Esteban Garcia de Noriega, rubric.

Because the house and orchards were built after his mother-in-law passed, he is not entitled to them as inheritance.  He can only be entitled to the lands that said Antonio Martin acquired during the time he was married to the mother of said Ynes.  And for the time that Juan Pacheco states he worked on said property, Antonio Martin shall pay him at the regular price which would correspond to his work.

I thus decided, ordered and signed.  Don Gervacio Cruzat y Gongora, rubric.

Gaspar Bitton, rubric
Juan Phelipe de Rivera, rubric.

References:  Spanish Archives of New Mexico, Series I, Twitchell 686, Reel 4, Frames 537-552.
©Henrietta M. Christmas