Wednesday, March 5, 2014

Francisco Ortiz ~ Will 1749


Know ye all who shall see this, my last will and testament, that Captain Francisco Ortiz Nino Ladron de Guebara, legitimate son of Captain, Nicholas Ortiz Nino Ladron de Guebara and native of Mexico City and of doña Juana Baca, native of this kingdom of New Mexico – am sick and make this will in the following manner:

I declare that I was married to doña Francisca Montoya and during our marriage of nine years we had ten children who are:  Joseph Ortiz, who died at the age of eleven months; Ana Maria; Nicolas, who died at the age of three years; Luis Fernando, who died at the age of two years; Santiago; Juan Manuel; Joseph Miguel; Nicholas Francisco; Antonia Teresa; Maria de Loreto, all of which are my legitimate children and heirs.

I declare that at the time I got married I had something, but my wife did not have a thing.

I declare the house of my dwelling which is to the west and two additional rooms that are unfinished and are on the north side, which I leave to my wife and children, and seven oil paintings.

An axe, two spades, one hoe and a chisel. Two cars, together with all its accoutrements and three yoke of oxen for each cart.

I declare I have some lands on the other side of the river of this villa, which I bought from the trustees of this holy custody Bernardo de Sena and I still owe the sum to which we agreed, 38 pesos which I order to be paid to him from my chattels.

I declare that I have at the site of Caja del Rio, one part of the three shares that we inherited from my deceased father, the half of said site and the other half was my mother’s share as bequest chattels.

I declare that I have as my chattels, 118 large cattle and small of branding age.  One she mule; two old horses; I also sent abroad for some dry good and from what they should bring, they shall be divided in equal shares, between my mother, my wife and my two younger brothers; a piece of serge for a dress shall be given to my wife.

I declare that I have a saddle, bridle, spurs, rifle, trapping and traveling bags, two jackets, one of Grana cloth and the other of fine English cloth; one waistcoat of fine Persian cloth; a pair of fine scarlet cloth, already used and another pair adorned with silver trimmings; cape and hat, which it is my will to leave them to my son Santiago.

I owe abroad, to Captain don Domingo Garcia, 64 pesos in silver, which I order to be paid.

I owe to don Joseph de la Sierra, 28 pesos in products, which I order be paid.

The Indian, Cata owes me a horse, which I order be recovered.

I declare and name as my administrators, first my loving wife and second my brother, Nicolas and then my brother Toribio that they keep and comply with this will. 

I ask that 70 low masses be said for my soul; ten for the soul of my dear father; five for the soul of Fray Joseph Guerrero and five for the soul of Juana Francisca Saiz; ten for the soul of my sister Ana Maria.

Signed on the 26th of February 1749 by Francisco Ortiz, rubric and judge, Antonio Ulibarri, rubric; witnesses:  Gregorio Garduño, rubric and Sebastian Apodaca, rubric.

                                                                                                                                 
References:  Spanish Archives of New Mexico, Series I, Twitchell 648, Reel 4, Frames 255-259.
©Henrietta M. Christmas

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