Sunday, June 2, 2013

Sgt. Jose Duran y Chavez ~ 1783 estate

At this port of San Franco de Bernalillo, San Carlos, jurisdiction of La Alameda, and March 10th of the year 1783.  I the alcalde Mayor and Captain of War, don Nerio Montoya, in virtue of the death of the Military Sergeant don Jose Duran y Chavez, neighbor of said post, who died at the hands of the barbarous enemies and complying with the duties of my office and by the request of the parties to attend to their estate and goods, which they hold and by having died intestate, I had to attend to the acknowledgement of the estate and goods.  The said deceased took second nuptials and to make the inventory and division and to see that each one gets equal parts, those from the first marriage as well as those from the second marriage.  

I ordered the gathering of the estate, and after they were gathered I had the dowry of each wife separated in two.  The children from the first and second marriages; and their setting aside the stock of the first wife, the dowry which consisted of 50 heads of sheep, which were delivered to the two children by the first marriage.  And again dividing from the stock the dowry of the second wife, which consists of 17 cows, which was her own dowry that she brought to the dominion of her husband.  These were separated from the lucrative property as well as the 50 heads of sheep that belonged to the first wife, as well as those of the second wife, and from the dowers the estimate was made of the lucrative property and the delivery and distribution was equally made to both parties.  From all the amount of the existing goods, which were furniture and real estate, totaled 1,697 pesos.  Of this the two children by first marriage was given 327 pesos with stock and lucrative property.  They were pleased and satisfied and gave their acknowledgement and receipts; and 1,370 pesos, which the second family was entitled.  With the real estate and furniture the division was made, giving the wife what belonged to her and the children their legitimate parts.  The mother was named the first guardian, by her request, and that of her children.  In the stock of the estate, the children by the second marriage, which were eight, remained under the power and jurisdiction of their mother, until their marriage.  One is married, and her part was deducted from the stock and remaining as I have stated in good spirits and well satisfied.  And I have taken this step, so that at no time will she demand more for herself, her children and successors.  These proceedings were finished quickly which I remit to the Capital, leaving a copy here.   

Thus provided and signed along with assistant witnesses, in lack of a Royal and Public, or any kind of scribe, which there is none in this Kingdom, and it is going on this common paper, because I have none of the sealed, of which I give faith.   
Nerio Antonio Montoya (rubric)
Witness:  Joseph Garcia and Juan Pablo Salasar

References:  Spanish Archives of New Mexico, Series I, Roll 2, Frames 316-353, Twitchell #250
©Henrietta M. Christmas

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