Sunday, April 6, 2014

Juan Pacheco v. Antonio Martin ~ 1736

I, Juan Pacheco, a native of this kingdom and a resident of Santa Cruz, appear before you and say:  I am married to Ynges Martin, the legitimate daughter of Antonio Martin, my father-in-law, a resident of this locality and living in the said villa.  I have had three children by said wife and I have to support them together with my said wife.  It is according to justice and reason that the legitimate inheritance be paid to my said wife and children, which falls to their share from the property which my said father-in-law possess from the maternal share, which he cannot deny because of the demise and death of my mother-in-law, may she rest in peace.

At the present only one parcel of land is recognized, which is located in the area of El Rio Arriba, which contains a well-built house which is composed of eight rooms and an orchard which is at the foot of the said house.  The reason I have, for making this petition, is that it compels me to ask for this maternal inheritance, and that my father-in-law has a new family to support and is trying to sell the said house, orchard and lands belonging to her and we are three children of the lawful marriage and he wants to leave us in the street; which is not reasonable.  My father-in-law says that he will pay each one of us this maternal inheritance with a piece of land and that he does not want to give us any of the house and orchard because he wants to sell it.  My said wife is objecting to this.  She has objected because she has made improvements to the said house and orchard.

We live in said house and my brothers give their share to him, for my part and that of my wife, we do not consent because we find ourselves with a large family.  Juan Pacheco, rubric

On March 2, 1736 at Santa Cruz, before me Captain, Juan Estevan Garcia de Noriega, alcalde mayor, the petition was presented will review and order my two assistants as witnesses.  Signed Juan Estevan Garcia de Noriega, rubric; Jose Garcia de Noriega, rubric; Miguel de Quintana, rubric.

I, Antonio Martin, a resident of this villa of Santa Cruz, appear before you.  The opposed sale by Juan Pacheco and my daughter, Ynes Martin, his wife, which I have resolved by a piece of land and a house which I have in the that locality, falsely alleging that I am depriving them of the maternal share and that I am leaving them in the street.  To which I should and do say that all that this party alleges is null, false and do say that all that this is without foundation; because I have given and assigned them the half of the lands, and even something more, which is the land I am ready to deliver now or at any time if they lack something to complete the half of the piece of ground which I own through a gift and donation that my brother, Sebastian, gave to me because I am his brother and for no other reason.  I had already acquired it during the lifetime of my first wife, the mother of my said children, and for this reason I consider it community property.  It is never my intent not to give them what belongs to them from the maternal share and of what remained at the time my first wife died.  It was recognized that it was the said land and three rooms of the house in which we live.  The latter was sold for the value and price of two head of cattle, one of which was eaten by the complainants, with which I have paid them for that part.

Therefore, I can use this to support myself and maintain the new family with which I am burdened.  As I am in debt and above all as it is mine and not my children’s; I desire to sell it to the person who will give me the most and will suit me the best.   Signed Antonio Martin, rubric.

…The said witnesses whom I present are Joachin de Atienza and Jose Martinez, who were the ones who were present at the death of the said deceased Felipa, who was the one my wife, the one my wife recognizes as mother because she raised her, not being the reason.  Juan Jose Pacheco, rubric.

Referred to the Governor by Juan Esteban Garcia de Noriega, rubric.

Because the house and orchards were built after his mother-in-law passed, he is not entitled to them as inheritance.  He can only be entitled to the lands that said Antonio Martin acquired during the time he was married to the mother of said Ynes.  And for the time that Juan Pacheco states he worked on said property, Antonio Martin shall pay him at the regular price which would correspond to his work.

I thus decided, ordered and signed.  Don Gervacio Cruzat y Gongora, rubric.

Gaspar Bitton, rubric
Juan Phelipe de Rivera, rubric.

References:  Spanish Archives of New Mexico, Series I, Twitchell 686, Reel 4, Frames 537-552.
©Henrietta M. Christmas

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