Thursday, October 3, 2013

Antonio de Luna ~ Estate Division 1784 con't

Division of property: 

I, doña Maria Catarina Pino answering the mandate in the charges made against me by the Guardian regarding the property which she notices missing in the inventories: will that I sold the leather jacket used by my have been in order to close his children and mine.  Regarding the chest, it is in existence. Regarding the adze and chisel, the adze was lost, the chisel is in existence.  Regarding the 60 ewes which he demands in which he says were taken by my husband, don Anacleto Miera, they were for the help and purchase of the house in which I live and will appear in inventories.   With regard to what he says about the shotgun in the land, the gun was given for one small house which is in the town which takes in the tract of land. Regarding the lance, it was given for one small house lot which belonged to another individual who left town.  Regarding the two hoes, the same were worn out and cultivation of the land. Regarding what he says are the missing 50 varas of land in the locality of Tome belonging to my deceased husband, I ask them to deliver the same to me and show me the same, as he was the executor for his father, so that at all times my children may have the right to said 50 varas of land; but to this present time I have been ignorant of such a thing. Regarding the deeds and other instruments pertaining to the ranch which I possess, the principal one to said ranch do not exist. I likewise ask your Excellency to be pleased order don José Castillo and don Joaquin, his brother, sons of the deceased don Miguel Alvarez, to execute the deed of sale to the said ranch for me. Regarding the masses for which I have paid, first to the Rev. Father Fray Cayetano José Bernal there are 70, notwithstanding that I have exhibited enclosed receipt from the said priest which shows 60. I also had two other receipts for masses. I also have paid the Priest for 21 masses, the receipt for which will be delivered by said Father. I have also paid my brother, José Francisco Pino, for 20 masses with a horse which I have delivered to him, the receipt for which shall be collected from the priest to whom my said brother should have paid for the same.  I also have paid to the deceased Antonio Chavez one ox for the shroud which same his sons will declare, as I had also paid 40 ewes to the Father Narro for his burial and one novena of masses for which I have no receipt.  I have also paid Juan Vallejo’s for 12 masses, the receipts for which can be obtained from the said priest who may have applied them. I have also delivered the alms for two masses to don Francisco Lovera, the receipt for which will be delivered. I have delivered the alms for three masses to Miguel Gabaldon, the receipts the same will be shown.  I swear in due form signed, Maria Catarina Pino.

At Santa Fe on July 30, 1784.

In regard to the documents which are enclosed in order to answer the plea which she makes in consequence of the charges made by the Guardian of the minor children of the deceased Luna, when a copy be referred to said Guardian by the Alcalde Mayor of Albuquerque, so that according to his knowledge within the term of three days he may, for the last time individually, ask for what may pertain to the rights and titles of the minors whom he defends. If he states he is satisfied with the said pleas whereupon he will proceed to quit in conformity with what is asked by the said doña Pino, the matter of the 50 varas of land cited in the Pueblo of Tome, so that if they have not been alienated by the legitimate owner, the same should be added to her estate. Signed Juan Bautista de Anza (rubric)

I, Miguel Lucero, Guardian of the minors of the deceased Luna, answering what has been ordered by this  Alcalde Mayor, state that in due time I will show the 50 varas of land which I state our in Tome. With regard to what I have asked, I am not satisfied. She says that she sold the leather jacket for the support of the minors; there was enough produce on the farm to support them. As to the masses and burial which she says she has paid for, I would like to have you order that I, on my part, ask for the burial at the fixed-rate and one or two novenas of masses. The other chattels I ask for our two hoes, one shotgun, one adze, one lance and the 60 ewes which the minors need, as well as the great quantities which is been lost since her father died up to the present time.  At the request of and for Miguel Lucero, signed Juan Bautista Montano (rubric)

Moreover, regarding the 50 varas of land which I claim at the place of Tome in which belongs to my client, the heirs of the deceased Luna, I state, that I wish Your Honor would take the deposition of Diego Antonio Abeyta, a resident of said place of Tome, as he is the one who has been planting the same for some years. Because I do not know how to sign I requested don Antonio Ruiz to sign for me at the request of Miguel Lucero.

At Ysleta, on the 11th day of the month of August 1784 before me the Alcalde Mayor and the two witnesses whom I appointed who are don Antonio Villegas Ruiz, and Francisco Esteban Mora, the guardian, don Miguel Lucero, presented Diego Antonio Beitia, a resident of Tome, whom promised to tell the truth.  And being asked, regarding a piece of land belonging to another which he cultivates at the end of said place of Tome, how many varas that it contains and to whom the same belongs, he said that there are 50 varas and that they belong to the deceased Antonio Luna who for a long time before he was killed and loaned the same to him so that he could plant them as long as he wished, and that he had also tried to purchase the same in the said deceased had agreed to sell them to him, but as he was killed the matter remained thus and he has continued to cultivate the same up to the present time.  He did not sign as he did not know how, Manuel Arteaga (rubric)

References:  Spanish Archives of New Mexico, Series I, Twitchell #462, Reel #3, Frames 387-430.
©Henrietta M. Christmas

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