Wednesday, April 3, 2013

Antonio Tafoya ~ 1744 Estate Division

I, Cristobal Tafolla, legitimate son of Antonio Tafolla and Prudencia Garcia come before your Majesty, and with the most profound humility, state that is two years going now on three since my father died at the royal garrison of El Paso, leaving by his will some chattels, both real and personal, such as several cows, several horses, several sheep, houses and lands, and my Mother having determined to marry the second time to don Vicente Ginzo Ron and Tovar; and who has married  without having made a distribution of the said chattels, assigning to us, his children, whatever should be coming to us as our legitimate inheritance from our deceased father.

I being one of the Administrators and having become aware that everything is deteriorating, and that said deterioration is resulting to the detriment of my brothers and sisters, as well as mine, and to my conscience, not willing to sin, by omission in his compliance of my duty.  I come for the aid and assistance of your majesty as Royal Justice praying and begging that you may be pleased to request for my fathers will, and the codicil thereto, and for the chattels that are expressly named herein.  Make division of the same, granting also a holder of these chattels who will insure them for the benefit of those not of age, and that those that are of age, may all receive his just share, all of which I beg of the Catholic zeal of your Majesty, and as of your usual custom to administer same for us insofar as rentals may belong to us.  I ask and pray of your Majesty that you may be pleased to command and direct all of what I have prayed, should you find it to be in Justice.  And I swear that the form and purpose of my petition is not made form malice or other motive, all of which I protest as being of necessity, etc.  Cristobal Tafolla, (rubric)

At Santa Fe on November 4, 1746, don Bernardo de Bustamante, Lt Governor and Captain General, assign Francisco Ortiz, Magistrate and War Captain, to come to the aid and assistance of the inheritance of the minors as well of those of age, giving to them which is their share.  Signed don Bernardo Bustamante, Nicolas Ortiz, Lazaro Trujillo.

At Santa Clara, November 22, 1746, I, Captain Francisco Ortiz, by virtue of decree, required the administrators of the estate of Antonio Tafolla, appear before me and informed them as to directions and dispositions of the said deceased.  Signed Francisco Ortiz, Perez de Mirabal, Juan Jose Sonatto.

On September 23, 1747, knowing that the chattels of the said deceased had been collected, I went to the residence ranch of the heirs. Accounting for the fact that the chattels named in the will had been disbursed, such as horses and mules.  I found that the chattels had been reduced by the funeral and the theft of the Comanches with reference to the remaining as follows:

57 Cattle, 90 Head of Sheet, an ax, an adze, a panel saw, two female burros, guns, dress clothes which I found divisible with the agreement and good will of all the heirs and so I declared giving to Juan the youngest of the males a saber which is in his possession of the Guardian and her husband, don Vicente Ginzo y Tovar and so also recording the lot and house, which consists of eight rooms and also the rest of the farming land, consisting of 2,700 varas with the remaining pasture lands and such others.  I know make the distribution in the following manner:

To Prudencia Gonzales, former legitimate wife of the deceased, 25 grown cattle, two bulls of service, 15 cows, three oxen, seven heifers, one year old, also two heifers – two year old, which all together amount to 29 cattle; an adze, an ax, a female burro, and from the house of their residence, four rooms and of the tillable land, 1, 050 varas.

To Theresa Tafoya and her husband, Joachin Mestas, she confessed having received five cows, 27 sheep, a pair of spurs, another cow, her share of a female burro, a panel saw, one room in the residence with 225 varas of tillable land and her share of the arid land.

To Cristobal Tafoya, having received, five cows, 25 sheep, a piece of Castilian goods for a coat, a pair of embroidered sleeves and a hat; another cow, a share in a female burro, his share in an adze, a young heifer on which he agrees to pay in Chihuahua; $3.75 pesos that his father owed there, and his part of the residence was one room, 225 varas of tillable land and his rights to the arid land.

To Pedro Asencio, five cows, a heifer – one year old, the saddle and rifle, six yards of cloth, a pair of serge pants, embroidered.  In addition, eleven head of sheep and goats, half of one room in the residence house, 225 varas of tillable land and his rights to the arid land; and part share of a female burro.

To Juan Manuel Tafolla, received, five cows, a heifer – one year old, a saber with silver chaps, hoof and handle, a small burro, half on one room in the house, 225 varas of tillable land and another 17 in the same manner and from that were given to Pedro and also to the said Juan, his right to the arid land, his share of a female burro and the panel saw.

To Isabel, were given six cows, 11 head of sheep, one half of one room, 225 varas of tillable land, 17 pesos, a share in the female burro and the panel saw as well and her rights to the arid land.

To Maria Antonia, six cows, 11 head of sheep, 17 pesos, one half of one room in the house, 225 varas of tillable land and her rights to the arid lands, a share in the panel saw and female burro.  The same being received by Cristobal Tafolla, in exchange for the parties for the satisfaction of 12 pesos, due to the Captain at El Paso.

Furthermore, there must be 45 head of sheep that were allotted as earning to the widow besides two cows.  And everyone being satisfied, Lt. Juan de Abeyta and Francisco Gomez del Castillo, being witnesses, the heirs not knowing how to sign.  Signed Francisco Ortiz, Carlos Josef de Mirabal and Juan Josef Sena.

The goods for the four minors were given to Prudencia Gonzales and her husband, don Vicente Ginzo Ron y Tovar, will hold the inheritance for such time when they become of age.
Signed Francisco Ortiz, Vicente Ginzo Ron de Thobar, Carlos Josef Perez de Mirabal.

References:  Spanish Archives of New Mexico, Series I, Reel I, Twitchell #27, Frames 252-262.
©Henrietta M. Christmas

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