Friday, April 25, 2014

Juan Rodriguez ~ Estate 1738

Proceedings of Inventory and appraisement of the property left by the death of Captain Juan Rodrigues, had by his Excellency the Governor and Captain General of this Kingdom, as judge for the same, Signed don Henrique de Clavido y Michelena (rubric)

I declare that I am married with doña Maria Francisca Fernandez, according to the rites of our mother Church and have been married for four4 years and during said marriage we have no issue.

I declare that when I was married to said doña Francisca she brought as dower thirty ewes, the ranch called at el Alamo, and her wearing apparel.

I declare that before I was married I had two natural sons, whose names are Francisco Javier and Marcos.

I declare for the discharge of my conscience the said natural sons to be the heirs of the capital which I had when I was married, which amounted to $2,940, from which has to be deducted the third part which amounts to $960, said amount I order my executor to deliver to them after my death, in the goods more convenient to said executors.

I order for the forced legacies ten dollars.

I order that my funeral, masses and novenas be paid out of the best standing of my property.

I appoint for my executors, and guardian of my property, Captain Juan Fernandes, the said doña Maria Francisca, my wife, and Jose Antonio Rodrigues my brother.  That in union may dispose and distribute my property and to be delivered to the doña Maria Francisca.

I declare that it is my will, that for the services, good care and good assistance given to me by my said wife, I assign to her besides the property acquired during our marriage and her dower the sum of $500 in dower, which amount will be taken out of the best standing of my property.

I declare and is my will, that for the many services, and the good care which they have taken of my person, as well as my property, my two siblings, Gertrudis and Jose to be the heirs of the remainder of my property, which will divided in equal parts, that they may enjoy with the blessing of God and mine.

I institute and appoint, as my only and universal heirs of the one half on my property, my said wife Maria Francisca, the same being property acquired during marriage with the understanding that the other half which remains, with the title of remainder shall be inherited by the above mentioned sister and brother as I have stated, taking out first, the aforesaid 1,960 dollars, which  I have applied to my said natural sons, this amount not be counted in the amount of capital, and not divisible between my wife and brothers.

Juan Rodrigues (rubric)

In this Town of Santa Fe, Capital of this Kingdom of New Mexico, on the first day of the month of January, in the year 1738, before me don Henrique de Clavido Michelena, Governor and Captain General of this Kingdom and its Provinces by his Majesty, the foregoing testament and executed, and was not ended with the other clauses, for being thus demands by the necessity, the signature of the testator, being the same which he has usually made, and I acting as ex-officio with attending witnesses for the lack of notary public or Royal, that here are none in this Kingdom, and I acknowledge it in the manner allowed by law, for knowing the testator and having been executed before me, I sign it as I have stated on said day, month and year, to which I certify and in the present paper for not having of the sealed in this places.  Before me, ex-officio, Henrieque Clavido y Michelena (rubric), wit/ Pedro Jose de Leon and Baltasar Montoya

Year 1738

Testament executed by Captain Juan Rodrigues, who was the Chief Alcalde and War Captain of this Town.

To his Excellency, the Governor and Captain General.

Doña Maria Francisca Fernandez, and Jose Antonio Rodrigues, residents of this town, and executors, with the will annexed, executed by Captain Juan Rodrigues, who was the Chief Alcalde of this town, and under which disposition he died, in the best form of law, and convenient to our right, appear before your Excellency, and say, that whereas it is necessary to make an inventory of the property left by the death of said Captain, that at no time may be argued by the strange heirs, the concealment, malice or fraud of the same, the justification of your Excellency will be pleased to interpose your judicial decree and authority for the execution of the same, for which protesting not to violate confuse or renounce the law, or any of the rights contending to us undamaged and unhurt, and presenting with the solemnity, the testament and necessary oath.

To your Excellency, we ask and request, that having presented the said testament in two unusual leafs, be pleased to do and determine what we have prayed for, by which we will receive your favor and benefit with justice and the necessary, etc. Maria Francisca Fernandez (rubric), Jose Antonio Rodrigues (rubric)


In the town of Santa Fe, on the 20th day of the month of January in the year 1738, the foregoing petition was presented to my by doña Maria Francisca Fernandes and Jose Antonio Rodrigues, executors and guardians of the property remaining by the death of Captain Juan Rodrigues, a resident of this town, asking the making of an inventory and appraisement of the said property, and having been seen by me don Henrique de Vlavido y Michelena, Governor and Captain General of this Kingdom and Captain Juan Rodrigues, deceased I ordered in the presence of the appraisers appointed by his Executors, to take out and manifest all the household goods known to belong to said deceased, which having done by the said executors there was existing the following:


One cloak of Castile Cloth, cinnamon with a small cord of Gold, 60
One Jacket of scarlet fine cloth with gold button holes and gold buttons, 45
One small jacket, of blue Castilian cloth, with silver button holes and buttons, 35
One pair of flesh colored woolen cloth pants, second hand, 18
One bracelet of blue satin from Valencia, 15
One lapel of scarlet cloth, 14
One coat of scarlet, 9
Two and a half varas of blue woolen cloth for pants, 15
One cloak of cloth from Queretaro second hand, 18

One large sword, with its silver handle, cape and hook, 40
One fire gun garnished with stopper and cover, 50
One pistol, 18
One small sword wide, 20
One pair of spurs with silver buckles, 30
One new saddle with buttress and all its irons, 60
One second hand one, without stirrups and irons 25
One bridle, 5
One pair of old saddle cushions, 3
One halter with all its irons, 15
One old shield, 3
One new Mexican saddle tree, 6

Household goods:

Eight pieces of different pictures at 6 each, 48
One image of Christ with its canopy, 10
Four images drawn in dressed buffalo, 12
Tow common boxes without locks, 7
Two common chairs, 3
Seven pewter plates, 21
One pewter basin, 4
One large copper kettle, 25
One small copper kettle, 13
Total, 652 pesos.

Continued on April 28, 2014 blogpost.

References:  Spanish Archives of New Mexico, Series I, Twitchell 756, Reel 8, Frames 1384-1441.
©Henrietta M. Christmas

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