Friday, February 15, 2013

Rosalia Garcia de Noriega ~ Inheritance 1747

In the year 1747, testimony of the general power which was executed by Barbara Garcia Jurado, granted unto Ramon Garcia Jurado, resident of the villa de Albuquerque for the purpose which contain herein and a memorandum of record of the property which Salvador Martines has received from the fortune of Luis Garcia, deceased.   Testimony of resistance of Rosalia Garcia, with her pretension or solicitation and the compact that this and Rosalia Garcia entered into, etc.

Record of the property which Salvador Martines has received from the fortune of Luis Garica, and they are the following.  Firstly, the dower is in extant in the last will and testament:  
The third of the property that I delivered to him last year, $3,400 pesos.
Firstly, a herd of oxen, meaning three yoke and one extra at 20 pesos each,  175 pesos.
26 breeding cows at 20 pesos each, 520 pesos.
Two heifers at 12 pesos each, 24 pesos.
Another cow with a young one, 25 pesos.
Another yoke of oxen, 50 pesos.
A good horse, 50 pesos.
Five horses at 15 pesos each, 75 pesos.
Two tame mares, and other horses at 15 pesos, 160 pesos.
Three young mares at 12 pesos, 36 pesos.
Five, large grown colts and a small one and of those raised around the house at 20 pesos, 113 pesos.
Two mules and two male mules, the mules at 40 pesos and the male mule at 30 pesos, 140 pesos.
26 goats at 2 pesos, 52 pesos.
44 wethers at 2 pesos, 88 pesos.
63 sheep at 2 pesos, 126 pesos.
Another sixteen wethers at 2 pesos, 32 pesos.
Two he-goats and four male goats for breeding purposes, at 2 pesos, 12 pesos.
150 ewes at 2 pesos, 300 pesos.
Another two tame mares at 20 pesos, 40 pesos.
A horse worth 100 pesos.
As stud horse at 60 pesos.
322 pesos which they had paid for the ranch at Los Corrales and it came to them in part of their interest of ranches, there remaining to them that at Sandia for the part that he had in that of San Antonio with house and corral, 322 pesos.
Up to this, it is clear and evident by receipts and what was given after will be proved when the time comes.
Firstly, 12 yearling calves, that Luis Garcia gave his children in the year of ’39 at 12 pesos, 144 pesos.
For 130 pesos that Captain Alonso owed the deceased and said Salvador Martines demanded payment with a forged letter from his father-in-law on which he gave receipt as the said gentleman told me, 130 pesos.
For 220 ewes which was given to him to complete the herd of Lt. don Bernardo, 58 pesos.
For a sword, a French gun, which the deceased gave to a son of his, 50 pesos.
For a cow that his father-in-law, ever year gave him ever since he left his home, Fat and although they were twelve at 20 pesos, 220 pesos.
That one and the other entries amount to the quantity with the exception of any errors.  $6,604 pesos.

And this statement is dated 13 April 1747, and I signed it, Ramon Garcia Jurado.

The document goes on to tell us that Rosalia Garcia de Noriega is very upset that she’s had to make this inventory.  She states that her father was insane and was unable to speak.  She also claims the testament is in Ramon Garcia Jurado’s handwriting and that it was made by force.  She also mentions she has eight children who would inherit from this. 

Jurado advised him of another daughter of the first marriage and the father did not utter a word.  Rosalia stated that when her mother died, her father did not allow a testament to be made and therefore no inventory was made of the property. Jurado stated, the reason that Luis disinherited his daughter was that he got angry at her, and I do not know if he whipped her, but what I do know, that her husband after hearing the complaint that she made to him, saddled his horse, got his arms, weapons and he went to the house of the said Luis Garcia, he came very close to trampling him with his horse, he took in his hand a pistol and he discharged it at him and by miraculous luck he did not kill him.  I ask that she return the fortune which she received so that it can be given to each one whatever may be his.

An agreement is made between the two women and they agree not to sue each other and be satisfied with what they received. Signed Jose Romo de Vera and Sebastian Apodaca and Gregorio Garduño - At the request of Rosalia Garcia.

Archive 345 – Continuation of battle over the inheritance.

Rosalia Garcia writes another protest to the Governor about her lack of inheritance, although they already had an agreement.  Ramon Garcia Jurado restates that and shows how malicious she is being.  The fact that she claims he was insane at the time and the testament was made by force.  Garcia Jurado claims it is false.

Rosalia Garcia finally agrees that she will not continue an unjust suit.  She also asks that the case be closed and terminated.  The other party, Barbara Garcia Jurado, states the same and the matter is closed.  Jun 15, 1747. 

References:  Spanish Archives of New Mexico, Series I, Roll 2, Twitchell 343 and 345.

© Henrietta M. Christmas

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