Tuesday, July 22, 2014

Heirs of Margarita Martin estate matters 1772

To the Governor and Commander of the Province of New Mexico, for the King.

Juana Padilla, with the permission of her husband, for herself, and lending voice and security for Julian Padilla, her brother, now deceased, whom there remain lawful heirs, Thomas Padilla, Thomas Roibal and Joseph Antonio Lopes, in the name of his wife, Maria Roibal, soldiers of this royal garrison, as the legitimate heirs of Margarita Martin, our mother, now deceased; we appear before Your Excellency in the best form permitted under the law.  We say that because of the death of Captain Sebastian Martin, and Maria Lujan, the parents of the said Margarita Martin, there exist the lands of the ranch which he possessed in Rio Arriba, and those which had been held in Taos without formal division or distribution amongst their children, some of whom have had that which was assigned to them by their said father; and others who were recognized as his, other portions which had been assigned to them by the executor, Marcial Martin, and aside from the lands which were apportioned to his said children by the said Captain, there are others, also in Rio Arriba as also in Truchas and in Chamisal, and we are not in accord as to the apportionment made by the executor.  In regard to that part assigned to my mother, which is not equivalent by a very marked difference, to that retained by the executor, Marcial Martin, nor those portions which are enjoyed by Manuel Martin and Antonio Martin, other than the lands the two have acquired independently from the portions allotted them by their father, and others which we know they are attempting to sell, causing great injury to us.  But we do not know how much or which ones belong to us.

We appoint our attorneys, Santiago Lucero (Barbara Padilla) and Miguel Sanchez (Rosa Roybal), daughters of the same right and heirs of Margarita Martin; and the same distribution and allotment ought to be made of the house and orchard consisting of fruit trees in accordance with the said wills.   Signed Juana Padiya, rubric; Thomas Padilla, rubric; Joseph Anto Lopez, rubric and at the request of Thomas Roybal, rubric.

March 6, 1772, in Santa Fe.  In compliance with this petition by the heirs of Margarita Martin, which is signed by them, I grant authority to don Salbador Garcia, to summons the attorneys in order to comply with the wills.  Pedro Fermin de Mendinuetta, rubric; Matteo de Peña Redonda, rubric; Antonio Moreno, rubric.

April 29, 1772, in this place of Nuestra Senora de la Soledad del Rio Arriba, by virtue of the appointment which is given to me in the former decree, I summoned the attorneys of doña Juana Padilla, the executors and having on hand the wills of Captain Sebastian Martin and Maria Lujan, his wife.  I apportioned the house, the orchard of fruit trees and a piece of land, which is on the north side of the house, instituting the distribution with the oldest to the youngest, as heirs being: Maria Martin, Santiago Lucero, Miguel Sanchez from Margarita Martin, Rosa Martin, Manuel Martin, Angela Martin, Jose Martin and Antonio Martin.

I included the first distribution to Maria Martin, including sixteen varas of the house, seventeen varas of land, and 14 trees. To Margarita Martin, there were included sixteen varas of the house, seventeen varas of land together with its entrances and exits. To Rosa Martin, there were included sixteen varas of the house, seventeen varas of land and 14 trees.  To Manuel Martin, there were sixteen varas of the house, seventeen varas of land, and 14 trees. To Angela Martin, there were sixteen varas of the house, seventeen varas of land, and 14 trees.  To Jose Martin, there were sixteen varas of the house, seventeen varas of land, and 14 trees.  To Antonio Martin, there were sixteen varas of the house, seventeen varas of land, and 14 trees. 

The second distribution was originated by causing the lands of Marcial Martin to be measured with the river on the north, and from the measurement of the lands there was obtained 2,375 varas of lands.  To Margarita Martin, there were allotted 2,200 varas located on the little bay and which contains cattails, being above in the big woods.  To Rosa Martin, the lands were measured from the corner of the square mentioned above up to the lands that her father sold to Blas Martin, 1,630 varas and bound by Margarita Martin.  To Manuel Martin, there were measured at La Joya, from the edge of the arroyo, from Truchas to the Pinos Altos, 2,375 varas.  To Angela Martin, were measured I the canoe from the little live oaks above 1,700 varas and the rest as given to her in the corral of the soldiers, 620 varas and 55 varas in the big woods.  To Jose Martin were measured in La Jollita, which he sold, 2,000 varas.  To Antonio Martin, there were measured out to him the remainder of the soldier’s land and at Las Estufitas 1,500 varas which have been sold and that he shall be given in the big woods with the boundary of Margarita Martin, up above the remained of 805 varas.

Third Distribution:

At Chamisal, they were included to Marcial Martin, Margarita Martin, Rosa Martin, Angela Martin, Antonio Martin, 111 varas each and to Jose Martin 375 varas that were short in the Rio del Norte. 

Fourth Distribution:

In Truchas, to Marcial Martin, 115 varas; Margarita Martin, 325 varas; and 150 varas that remain in Truchas which belong to her. To Rosa 150 varas; Manuel those were included that were sold to Juan Antonio Gonzales and are included with the 111 varas; to Angela, 150 varas; to Jose, 250 varas including the 111 that were assigned in Chamisal and to Antonio, 150 varas.

Signed Salbador Garzia de Noriega, rubric, Judge Receiver
Lorenzo Lovato, rubric and Santiago Martin, rubric

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 698, Reel 4, Frame 658-668.
©Henrietta M. Christmas

Wednesday, July 16, 2014

Estate of Diego Arias de Quiros Estate ~ 1746

Deed of the royal sale that doña Maria Gomes, widow and resident of said villa, administrator and holder of the property and chattels of don Diego Arias de Quiros and Bernardo se Sena, the other administrator of said deceased, granted in favor of don  Manuel Sans de Garvisu, Lt. of this royal garrison of Santa Fe, of the houses and lands known for the sum of 300 pesos in coined silver that was in hand paid.

Know all who see this letter, that I, doña Maria Gomez Robledo, resident of this villa of Santa Fe, administrator and holder of this goods and chattels of the deceased don Diego Arias de Quiros, who was a resident of this villa and I, Bernardo de Zena, also a resident of the same vicinity and co-administrator of the estate of the said deceased and named in the testament before his death before Antonio Montoya, who was the Alcalde Mayor of said villa on the 7th day of May 1738, jointly that we grant and sell forever to don Manuel Sans Garvisu to Lt. of this royal garrison of New Mexico, for himself, his children, heirs and successors.  A house in this villa contiguous to the tower of the Palace with a piece of cultivated land which will hold two fanegas of wheat seed and also a small garden patch near the tower surrounded by an adobe wall.  The said house has a corridor and hall with a few rooms that are nearly worthless and sold for the sum of 300 pesos in coined silver with the Mexican Seal.  The boundaries of the said house are on the east, with the Cienega of the villa; on the west by the Roybal Palace; north the lands of the Rev. Father Santiago Roybal; and south by the street that runs in front of the Royal Palace.

All agreed, etc.  Signed this 4th of April 1746 and witnesses were:  Miguel Alire, Juan Vigil and Juan Manuel Chirinos, all residents of this villa.

Joachin Codallo y Rabal, rubric; Francisco Ortiz, rubric; Phelipe Jacobo de Unanue, rubric; don Joseph Romo de Vera, rubric.

** Today this is 106 E. Palace Avenue, Santa Fe, NM

References:  Spanish Archives of New Mexico, Series I, Twitchell 846, Reel 4, Frames 1537-1539.
©Henrietta M. Christmas

Monday, July 14, 2014

Lazaro Garcia, estate of his father, Juan Garcia de Noriega ~ 1739

At the villa of Santa Fe, on the 11th of May 1739, Lazaro Garcia de Noriega, soldier of this royal garrison whom I attest I know, presented himself before me, the Captain Antonio Montoya, Alcalde Mayor and Captain of War of the said villa, with witnesses.  Inasmuch, as Juan Garcia de Noriega, legitimate father of the grantor, during his lifetime had sold a piece of land to Antonio Santistevan, soldier of this royal garrison for the price and amount of 140 pesos and the said Juan Garcia de Noriega authorized a deed of sale for him, making use of his authority which the law permits as administrator for his said father.

The boundaries are on the other side of the river, whose boundaries on the east overlook lands of Simon Nieto; on the north, by lands of the grantor and on the south, lands of Captain Antonio de Ulivarri.  He sold and did sell for the price of 104 pesos, which the grantor acknowledged and received to his satisfaction.

Spanish Archives of New Mexico, Series I, Twitchell 844, Reel 4, Frames 1530-1532.
©Henrietta M. Christmas

Friday, July 11, 2014

Estate of Jacinto Sanchez ~ 1735

Joseph Sanchez, a citizen of this villa of San Felipe de Albuquerque, appeared before me.  That his father, Jacinto Sanchez, had given him a house with a lot within a piece of land he had in said villa, because he had not settled it.  And at the time, was residing in La Cañada.  As he did not have the means to build a house and being my father, I gave it to him, so he could live there and own it during his life.  Now, after his death, my younger brothers want to have a right to said house and lot (it being mine and built at my expense and labor, as already mentioned), I ask that you summon my brothers so that they can declare the right that I have in said house and lot, so that, in the future, they may not argue or claim.  As I have stated, as a son and heir, I have a share in the other land, as well as in other property which my father had; and with more force, because I had a large load to carry as I can give information when the times comes, and I ask Your Highness that a bond be furnished by the one who may hold the property, as my younger brothers say that they have been left without means and have been deprived of their share of what was justly theirs. My father did not leave very much on account of the heavy debts that he had.  I ask and request Your Highness to compel them, without litigation to pay the debts and all of their expenses incurred and they may keep the land or else to withdraw their right, that belonging to each one of them, and for them not to express themselves to the contrary.  All of which I humbly ask and request.  Signed Joseph Sanchez, rubric.

On the 6th day of March 1735 in Albuquerque, before me Captain, Juan Gonzales of said villa and jurisdiction, the above petition was presented to me and after viewing I acknowledge and presented, according to law and having taken charge of the same and knowing the contents, I ordered the Lt. of the Alcalde Mayor, Jeronimo Jaramillo, so that of his own knowledge he may obtain the information desired and send appraisers to value the house.  I so ordered, noting as Judge Receiver with two assistants.  Juan Gonzales Bas, rubric; wit/ Alejandro Gonzales, rubric and Lupe Garcia, rubric.

At the villa of Albuquerque, on the 8th day of March 1735, I had Matias Romero appear before me.  He said that he made for Joseph Sanchez for the house, where his deceased father, Jacinto Sanchez, lived; 1,800 adobes and he received for his labor 26 pesos that said Joseph Sanchez paid with one bull and 20 goats and cheese; and this the undersigned affirmed.   Signed Jeronimo Jaramillo, rubric.

I summoned, Cristobal Varela, who took an oath, and he said that he had made for Joseph Sanchez, 1,800 adobes and the price paid for his labor was 26 pesos which he received to his satisfaction and was content.  Signed Jeronimo Jaramillo, rubric.

I had, Joseph de Salas, appear before me and he took his oath and said that he made for Joseph Sanchez, 630 adobes and the price he received was 10 pesos which he received and was satisfied.  Jeronimo Jaramillo, rubric.

Then immediately, I had Nicolas Duran and Felipe Barela, both masons, upon my order, went to the house and appraised it in the sum of 150 pesos and said valuation they made in my presence, making this amount more or less; and they signed it with me.  Jeronimo Jaramillo, rubric; Felipe Barela, Francisco Antonio Gonzales, Nicolas Duran and Pedro Barela.

Whereas, having been appointed administrator of Jacinto Sanchez, deceased father of Joseph Sanchez, and for the distribution of the property of his father, who presents the expenses made and also all debts incurred by the deceased and to be paid from all of the property and for me to summon all the heirs of said Jacinto Sanchez, to satisfy the debts made by Jacinto Sanchez.  There are two pieces of land, with all other chattels they may have and so that Joseph Sanches may satisfy the heirs of Jacinto Sanches, taking the necessary measures, not permitting the land to be sold to any person without the power of those who may be involved. (incomplete)

This 22nd of December 1724, God took my father, Jacinto Sanches, and the funeral expenses were the following:  first a shroud loaned by Captain Juan Gonzales.  Moreover, given to the priest, a yoke of oxen, 15 sheep, one ploughshare, an axe, and five pesos contributed for the repair of the church, and four pesos for the chanter’s candles.  Pedro Varela who helped the chanters, two pesos.  Thirty tallow candles, which would be worth three pesos, plus 80 tallow candles for the eight-day Mass besides the four of wax.   Plus one fanega of wheat.  Plus four pesos for the chanters; six pesos for the mandatory legacies and 13 pesos more as per testament.

Memorandum of repartition of the estate

First, Ana Sanches, received an arquebus valued at 10 pesos.
Maria Sanches, received a cloak and an auger valued at nine pesos.
Francisco Sanches, a branding iron, an axe, valued at 10 pesos.
Joseph Sanches, a bridle, a ploughshare, a chisel valued at nine pesos.
Joachin Sanches, turned his portion over to Joseph Sanches, nine pesos.
Nine pesos more to Juan Sanches.
Nine pesos more to Josefa Sanches.
Getrudis Sanches, pair of spurs at five pesos and four more are owed by her.
Migel Sanches, took a sword and a saw for seven pesos and three more are owed by him.
Two pesos paid to each by Joseph Sanchez. (incomplete)

Joseph Sanchez, a citizen of the villa of Albuquerque, appeared before me in the best form possible. I would like for the debts to be paid, the items appraised and then the distribution can take place.  Joseph Sanchez, rubric.

On January 10, 1735, I will have the chattels and property appraised as requested.  Juan Gonzales Bas, rubric.

The land is quarter league and uncultivated.  The said piece of land was valued at 120 pesos, and the other piece of land was valued at the same price as evidenced by the bill of sale.  Where the deceased resided, a house and cultivated lands, and said house was composed of four rooms and one porch, and valued at 300 pesos.  The administrator exhibited the chattels of his deceased parent, first the blunderbuss which was valued at twenty pesos; one old sword, five pesos; one old saddle, eight pesos; one pair of spurs, five pesos, one uniform, six pesos, one old ax, four pesos; one cross-cut saw and one auger for three pesos; one cloak, eight pesos, one ox twenty pesos.  Everything mentioned was valued at the sum of ninety pesos and divided between the ten children, giving each one nine pesos.  This left Joseph Sanchez five pesos and he took five pesos from his pocket added the four to the five, making it nine which each had to have.  The said Joseph Sanches has paid the debts which his deceased parent owed, as is evident by the receipts which he had written on the margin and also the funeral expenses.  The house was valued at 420 pesos and the minor children will not have to pay any debts, nor surety who may pay for them. 

Joseph Sanchez agreed and to all and was satisfied.  Signed March 22, 1735.  Juan Gonzales Bas, rubric.

At the request of Joseph Sanchez, Francisco Antonio Gonzales, rubric.

Witnesses:  Francisco Antonio Gonzales, rubric; Pedro Barela, rubric; At the request of Francisco Sanchez, Pedro Barela, rubric; at the request of Migel Sanchez, Francisco Antonio Gonzales, rubric; at the request of Ana Sanchez, Francisco Antonio Gonzales, rubric

References:  Spanish Archives of New Mexico, Series I, Twitchell 843, Reel 4, Frames 1504-1529.
 ©Henrietta M. Christmas