Monday, February 25, 2013

Cristobal Baca ~ 1739 Will

I declare that I was married at a nuptial mass according the rites of the church, with doña Apolonia de la Vega y Coca; now deceased, and that from this our marriage we had and reared the following children:
1-Juana, deceased;
2-Juana Maria;
3-Antonio, deceased;
4-Marina de Jesus;
7-Diego, deceased;
8-Joseph Francisco;
9-Christoval Silvestre;
10- Juan Antonio;
11-Antonia Rosaura, deceased; whom I declare as my legitimate heirs.

I declare that at the time of my marriage with said doña Apolonia, her parents gave her dower lands where I live named after Jesus, Maria y Jose, on which I built this house of my residence, and other lands, a well as another tract which I added and bought from Andres Montoya, immediately adjoining these.  It is my will that it shall be given to my children as above referred to, who are seven, the land having been their mother's; and I direct my administrators for better security of my said children, that they require from their Grandfather, don Miguel Coca, some instrument of security of other lands, as well as the deed of sale in my favor made by said Andres Montoya for the above mentioned tract of land that I bought from him and which I added to the others.

I declare that during the duration of my said marriage, from one hundred ewes that I obtained as inheritance from my parents; I increased them to 450 male and female; that at the same time I also had other chattels as follows:  10 horses, 6 mules, 2 yokes of oxen; 2 large copper kettles; an iron griddle; 2 candlesticks; an iron mortar; 5 pewter plates; 4 silver table spoons; a small copper kettle; one spit; one box with a lock; a stock branding iron, an iron table spoon; 2 chocolate boiler drums; a pair of silver buckles; 450 goats, which I forgot to mention, it is my will having acquired them during my marriage that with the blessing of God and mine, they may be enjoyed by my said 7 children as mentioned in this will, the said lands coming to them in this manner.

I declare having married a second time to doña Manuela Marquez and that during our marriage had and reared as our legitimate children:
1-Juan Tomas, deceased;
2-Agustina; and
3-Maria Francisca.

I declare that during my second marriage to the present time, I have, by my personal work and industry increased my chattels and they are as follows:
450 head of sheep; 11 mares; 3 gentle ones and 8 unbroken; with their stallion and the year's colts; 4 mules; 1 cow; 1 bull; 2 Indian hoes; a hoe; 2 plow points; one large copper kettle; one small one; an adze; an axe; a chisel, one arroba 25 lbs or more of iron in the bulk; one canvas tent; 14 varas flowered cloth; 8 varas of flannel; 4 pair of men's shoes; 2 covers from Villalta; a log, Campeche wood; 3 ½ varas woolen cloth; 2 ½ varas of Mexican cloth; one fine hat; 5 bridles; a pair of shearing shears; one pair of tailor's shears; one carbine with a new cover; a cape of Queratero cloth; an old saddle; a pair of spurs; a pair of paddings; a pair of corduroy trousers; a suit of armor of white serge; a wheelwright's cart.

I declare also as my belongings a share in the location called Anaya, and is in lower Rio Norte, which I inherited from my parents.

I declare also as my chattel 298 pesos, which are due me by several persons, and which are listed in a memoranda which I leave, they may be collected and added to my other belongings.

I declare, that it is my last will, that from belongings acquired during my second marriage, as appears from the 7th to the last foregoing clauses, one third be taken and separated of the said belongings being the share that is coming to and which I leave to my wife doña Manuela Marquez, for the good care which she has taken of me and her attendance to me.  Without any interference by the administrators and heirs, because it is my wish, which part I give to her a gift, and as her legitimate share of the said third.

I declare that from my belongings acquired during my second marriage, there be taken a one fifth part for my funeral and burial expenses, as also a novena of masses and that whatever may be found due to the chapel at Our Lady of Carmel and also for the souls of Purgatory.

I order that from the said fifth part my administrators have 100 masses said for my soul, but if there would not be enough, that the cost be taken from the third part which I donated to my wife.

I declare that from the belongings that are of my first seven children, nothing thereon to be taken for the second two, who I declare to be my only heirs of said chattel.

I declare the seven children and the two children from my marriages as my legal heirs.

I order my wife, doña Manuela, who I name as holder of the part of the chattels that comes to her two children, that she may care for them and be on the lookout of the increase of the chattels delivered to the Administrators...

I declare that my underwear, my bed and the usual clothes be left to my wife, although there might be some who might ask for it.

I name my brothers, Antonio Baca and Joseph Baca, residents of this city, to be guardians of my children.

24 April 1739, witnesses:  don Pedro Jose de Leon, don Tomas Joseph de Medina, Miguel de Alire, don Domingo Valdes and Alonso Rael de Aguilar, residents of this city.  Signed Antonio Montoya (rubric)

References:  Spanish Archives of New Mexico, Series I, Twitchell #88, Frames 637-680.
©Henrietta M. Christmas

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