Wednesday, June 5, 2013

Sgt. Juan Jose Duran y Chavez ~ 1783 con't

Villa of Santa Fe on the 31st of March 1783.  In consideration of the proceeding document, made by the alcalde mayor, which he expressed in it, is noted that by lack of instruction and practice, many of the formalities which cannot be omitted, on the said document, for valuation, inventory, distribution and division of goods, which he wants to indicate those left by death, inventoried by Sergeant Jose Duran y Chaves, in that several classes of heirs are interested for reason of the two marriages, which he contracted.  Moreover it is conducive in judicial order, that I, the Cavalry Colonel don Juan Bautista de Anza, political and Army Governor of this Province of NM, ought to declare and I do declare, as null and so value, the said mentioned document.  In regard to its virtue, it has been acted and practiced upon all the particulars referred to in whose proceeding will be notified and let be known, to the aforesaid Alcalde Mayor, to the number of heirs comprised in this subject advising them to be with what necessarily will be determined, so much to know as well as to received, more or less, the corresponding results and posterior to it will practice in continuation of this decree, to endeavor to bind to the following points. 

First: He must proceed to make a new inventory of all furniture goods and real estate and things which can belong to the said deceased, in whose manifestation, his widow ill do.  He must proceed to have it executed under oath protesting the legality under which he first obliged her.

Second:  Immediate action of inventory, valuation with two persons, also under oath, of wisdom and conscience, well knows disinterested and impartial, to the inventoried in prices of the country of all the existing goods including the cost of funeral and to order to have them check with their respective receipts with which taking it as conclusive, the adding of which will be the sum of all the wealth.

Third:  Verifying with the aforesaid, he will notify by authority, the widow and the heirs of the first marriage, within the necessary term, to prove their documents or in lack of those, by information.  That paternal or patrimonial goods, or goods acquired by industry or dowry, which both women brought to the marriage, as well as those which the deceased had at the time at each one of the expressed marriages, in conjunction with the lucrative goods, which were verified in the same, although they might be more or less; and have again signed all that is ordered, he will remit the original in order to have the required conformity with which it should proceed to the distribution and division of the goods. 

Thus, I decreed and decided along with undersigned witnesses of my assistance, in lack of a Royal or Public Scribe, for not having any in this entire Kingdom, of which I give faith. Juan Bautista de Anza, (rubric) wit/ Franco Perez Serrano and Vicente Troncoso

References:  Spanish Archives of New Mexico, Series, I, Reel 2, Frames 316-352, Twitchell #250
©Henrietta M. Christmas

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