Wednesday, December 5, 2012

Antonio Abeyta ~ Will 1765

Last will and testament of Captain, Antonio de Beytia, a resident of the locality of San Antonio de Abiquiu.

I, Captain Antonio de Beytia, a resident of the locality of San Antonio de Abiquiu, a legitimate son of Diego de Beytia and Catalina Leal, being, as I am sick, confined to my bed from the illness which God has been pleased to send me ….I declare that if God is pleased to take me unto himself, my body shall be buried in the holy church at San Juan de los Caballeros and that it be shrouded with the habit of St. Francis which I henceforth elect and that it be buried in the place which my humility entreats, at the entrance door, turning off a little to the right.

I declare as my property a house which I have a Rio Arriba, including the plot of land and half the trees.  The said land was acquired as my wife's share of her paternal estate.

I declare that I was married to Rosalia Lujan according to the mandates of Holy Mother Church, from which marriage we had a son named, Miguel, whom I declare as my legitimate son and legal heir.

I declare that the parcel of land on which I live was acquired through my endeavors, on which I built a house which consists of ten rooms with its patio and portal, doors and windows belonging thereto; the most of them have iron locks. I have also built at the end of the agricultural land, a water mill which belongs to said ranch.

I declare that I have given to all my boys and girls (not named) whom I have raised as adopted children, one hundred varas of land each, which run from the Arroyo de la Cruz up to the other arroyo; this is my wish as I gave it to each of them with consent of my heirs.

I declare that the horseback riding equipment which consists of a saddle, one flint lock gun, sword and two pistols to be given to Juan de Jesus (grandson).

I declare as my property one herd of burros (yeguas aburradas) and their breeding jackass, except for a few which belong to my boys, all the others, including the young mules are mine.

I declare as my property forty head or upwards of branded cattle and four yoke of oxen.

I declare as my property six hundred twenty four (624) head of sheep.

I declare and order my executors to fulfill their duty, regarding my (sobrinos) nieces and nephews, the heirs of Juan Antonio Lujan, in accordance with the receipts of their brothers.  If they should not have enough property for that purpose, the house at Rio Arriba shall be sold to comply with this request.

I declare that I have 100 head of sheep on shares (partido) as it will appear on the instrument regarding same.  If it is to their advantage, they can carry it on, if not, they shall return it to the owner (not named) therefore in the year of '76.  The said herd on shares is complete and I have likewise complied with the delivery of the shares as it will appear on the receipts.

I declare that all the property which may be found within this or outside the house is mine; it has no other owner except my heirs which are my wife and son.  It is my intention that they shall enjoy what is mine.

I declare that Salvador Torres owes me one cow and calf; I order that this be recovered.

I declare as my property 55 ewes which are at Rio Abajo in care of Miguel Lucero, the servant.  I order that the same be recovered.

In order that this, my will and the contents be complied with, I appoint as my executors, first Miguel and second Nicolas Beytia, so that after my death they may receive the property and recover what is due within the term allowed by law.  To those who are in most need I grant an extension of time and order that this, my memorandum, be complied with and paid.

The remainder of my property shall be inherited and enjoyed by my said wife and my son Miguel, with God's blessing and mine. In witness whereof I thus authorize it at this place of San Antonio de Guyque at the house of the testator on the 30th day of December, one though seven hundred sixty five (1765) and for its greater validity, I ask and request the Alcalde Mayor and War Captain of this jurisdiction of the New Villa of Santa Cruz de la Cañada, don Juan Garcia Pareja, to interpose his authority and judicial sanction.

Completed on this present paper as the seal paper is not available here, without prejudice to the royal obligation; Signed on said month, day and year and to all this I certify.

Further more, I declare that I have a parcel of land between the boundary of Juan Antonion Lujan, now deceased, and Antonio Martin alias "el Frayle" which I have given to my son, Nicolas, I order that it be given to him.

Miguel Garcia Pareje, Alcalde Mayor (rubric)
Antonio de Beitia (rubric)
Juan de Jesus Beitia (rubric)
Joseph Baca (rubric)

References:  Spanish Archives of New Mexico, Series I, Frames 806-809
©Henrietta M. Christmas

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