Know all who may see this, that I, Antonio Ortega, Corporal of this royal garrison of Santa Fe, retired find myself ill and hereby make this final testament.
I declare that I was married to Rosa Baca, for 29 years and during this time we had four children who are: two males, Domingo, deceased Alexandro, Petrona deceased, and Catharina, also deceased.
I have likewise been married in a second nuptial to Maria Antonia Romero and we had three children: two males and one female – Jose Maria and Jose Francisco. The marriage lasted 17 years.
I declare that my first wife brought at the time of the marriage 50 sheep and one parcel of land, which I sold at Los Palacios for 150 pesos.
I declare that my second wife brought at the time of marriage, two house lots; I live on one and the other one adjoins it.
I declare as my property some lands which are called La Hacienda. The documents of the same will show what they are; these lands belong to my two sons, Domingo and Alexandro.
Another parcel of land with three trees belongs to the above mentioned and the trees shall be partitioned to the three. I have given Juan Domingo one ranch which is situated at the Tesuque river; that contains all of his inheritance of lands.
I declare as my property three parcels of land which adjoins the house where I live.
I declare that I have one parcel of land at Buena Vista; it is my will that the same be given to the orphans which I have, also two cows, one for each.
I declare that the property inside of my house belongs to my wife; also the house.
I declare that I have my weapons consisting of one fire-lock gun, one pistol, one lance, one cartridge box, one saddle pad, one saddle and one bridle. It is my will that the same be given to my eldest son from my second marriage.
I declare that I have 52 head of cattle of all ages.
I declare that I have 40 goats.
I declare that I have one ‘he’ mule and three horses.
I declare that I have three asses.
I declare that I had given my first children everything I had, as it will appear by entry; but for the peace of my conscience, I leave everything to the discretionary power and will of the tribunals of justice so that they may decide whatever might be more expedient.
I declare that it is my will that the remained of one-fifth of my property, after paying for my funeral, shall belong to my wife; with the clothes acquired during our married life, she should have enough. I request that it shall be so arranged by the tribunals of Justice; this refers to the clothes of my said wife.
I declare that I owe Domingo Romero one ewe, I order that it be paid.
I declare that Christobal, the Apache, owes me one buffalo hide, I order that it be collected.
I declare that Jose Vigil, the soldier, owes me one fanegas of corn, I order that it be so collected.
I declare that Miguel Tenorio, the soldier, owes me two fanegas of corn and two pesos in currency of the country; I order that the same be collected.
I declare that Jose Antonio Gallegos, the soldier, owes me five pesos in currency of the country; I order that the same be collected.
I declare that Domingo Carrillo owes me one half fanegas of corn, and the drummer Prado, owes me two pesos; I order that the same be collected.
I declare that the soldier, Bartolome Fernandez, owes me one piece of linen; I order that I be collected.
So that this final will be complied with, I name as my executor, first my son Alexandro, and second my wife. Signed on this October 20, 1785. Jose Maldonado, rubric. Witnesses: Cleto Miera, rubric; Jose Miguel Maldonado, rubric.
The estate then goes to the tribunal on November 28, 1785 where the wife and all the children must make their claims and show original deeds.
The following people appear in the audit and division of estate:
The widow, Antonia Romero;
Manuel Garcia Pareja is named as guardian of the minor children;
The widow then lists all the belongings, which don’t match either wills inventory. The items are then valued by the appraisers for a total of 7,947.7 pesos.
Alexandro Ortega appears.
Francisco Garcia, son-in-law of the widow of the deceased;
Juan Dominguez, a son-in-law of the deceased Sergeant Antonio Ortega;
Miguel Ortiz as a witness and neighbor testifying what he knew that Ortega owned;
Soldier, Juan Ortiz, as a witness in reference to the property;
Corporal Jose Mares, testified that they had gone for Calvary horses abroad, Ortega had gotten sick, he knew of the two marriages and the division of property to his children of the first marriage.
Antonio Rivera, retired soldier, knew that the goods from the first marriage had been divided amongst those children.
Jose Maria Montoya replied similar to Rivera and Mares.
The widow then testifies and says that she has one house lot, one piece of silk serge with which her father helped to buy the house. She was poorly dressed and declares that her husband had brought to her, ten varas of sackcloth, which we made one mattress; two head of cattle, one being a cow and one an ox, both large, which were distributed among the children of the first wife. He also brought his weapons and horses. She did not see any other property upon marriage.
The Division is then done and the names of the heirs are noted each receiving parts of the estate either before the second marriage or after: Jose Maria, Jose Francisco, Maria (three minor children).
Alexandro Ortega testifies, Maria Loreto Armijo widow of the deceased Domingo Ortega; Juan Domingues (son and brother of Alexandro).
Signatures of Anza and Maldonado.
References: Spanish Archives of New Mexico, Series I, Twitchell 661, Reel 8, Frames 1218-1255.
©Henrietta M. Christmas