I, Diego Marquez, state that I am sick in bed from an accident and do make this testament.
I name as my executor, my wife, Juana Martin.
First I was married in the church to Juana Martin Serrano, my wife, above mentioned, we had three children which are: Maria Estella Marques, Francisca Marques and Diego Marques, and I declare to be jointly with my wife, my legitimate children and heirs.
I order that my body be buried in the church of the new villa of Santa Cruz, at a place which my wife may choose.
I declare as my legitimate property, one riding saddle embroidered and saddle blankets, one blunderbuss, one sword and one sheath, one pair of spurs, one bridle, one fire-lock, and gun case. Three plow shares, one hoe, one pick, one axe, one adze and one chisel, one spit, for the purpose of broiling meat, one flat pan, one candle stick, one bed which consists of one mattress, two sheets of Chinese liner and one of wool, one bed coverlet and two pillows, one box of bind-wood and two broken boxes, three skirts, one of silk, one of satin and one of serge, two pair of trousers, one pair of woolen, cloth and one of scarlet cloth; four shits, three pair of white trousers, two hats, one cape of fine cloth, adorned with galloons, one white coat and one to be made, one house consisting of six rooms with six doors and one window, one table and one bench, one wooden chair, and one chair without arms, one Crucifix, one image of St. James, one guitar. Also, one parcel of land which I acknowledge having received as a grant; twelve horses, three tame mares, five mules, two herds of mares, with stud horses and one stud burro, sixty head of cattle, with brand, also four yoke of oxen. All the things above mentioned, I declare to be my legitimate property, which my wife will dispose of as I have stated or as may be more convenient.
I declare that I do not owe anything to anybody and I declare that Juan Lujan, a soldier owes me sixteen pesos and Phelipe de Tamaris, 15; and the Governor, don Juan Domingo de Bustamante, the value of 25 fanegas of wheat and fifteen of corn. Cristobal Varela also owes me a barrel of wine. Francisco Perea owes me eight pesos. I requested the Fray Father Manuel Sapena to sign at my request on this April 20, 1729. Also one cart and fixtures, etc., and 129 head of sheep.
At the request of Captain Diego Marques, Friar Manuel de Sapena, rubric
I the General don Juan Domingo de Bustamante, Governor and Captain General of this Kingdom of New Mexico. Whereas, Diego Marques, a resident of the new villa of Santa Cruz died leaving children and his wife, in compliance with my duty, attending, as I ought to attend, to the minors and the widow, I order the Secretary of Government and War to the said villa, to make an inventory of the property which was left on account of the death of said deceased. Paying for the funeral and burial and debts if there are any. Of the reminder, one half shall go, to the wife, for property acquired during her marriage and the rest shall be divided in equal parts among the heirs, giving their full share to the married ones, as far as the youngest one is concerned, his share shall be left in the care of his legitimate guardian. Signed at Santa Fe on March 10, 1729
On March 16, 1729, I Antonio de Cruciara, Secretary of Government and War, divisions were made as follows. Signed before me, Antonio de Cruciara, Juana Martin Serrano at her request, Jose Martin Marques de Ayala, rubric
Inventory and division shown in several pages, but not retyped here.
References: Spanish Archives of New Mexico, Twitchell #513, Series, 1, Reel 3, Frames 742-754
©Henrietta M. Christmas