Monday, July 7, 2014

Cristobal Tafoya ~ 1718 Will

Know ye all who shall see this last will and testament, that I, Cristobal Tafolla, a native of Real de Minas of “Talpojuangun,” a legitimate son of Juan de Tafolla Alta Mirano and of Felipa Faguada de Uloa, and a resident of this Kingdom of New Mexico and a citizen of the villa Nueva of Santa Cruz, and married to Ysabel de Herrera, a native of this Kingdom, by whom I have two children the oldest called Juan de Tafolla and the other on Antonio Tafolla, both being my legitimate children, state that, being in good health and of sound mind which God was pleased to give me, and about to take the cows of the Third Order of Our Father Saint Francis, I make my las will and testament in the following form and manner.

I declare that I have acknowledged as my natural daughters, Antonia Tafolla Jaramillo, married to Sevastian Barela, and Gertrudes de Tafolla Ruis, both of whom I declare to be my natural daughters, in order that my legitimate sons and executor shall consider them in the share which shall fall to their lot when the time of my death shall arrive.

I declare that I have at home a boy that I raised and who is my nephew, he being a son of Antonio Tafolla, my brother, and whose name is Cristobal de Tafolla, and to whom it is my will, because I raised and love him, that my children and executor assign lands on which he may live, and that they help him out as much as they can without injuring the rights of the others.

I declare, that in order to carry out the terms of this testament and inheritance of my children, I have at the present time as my own property, acquired during my matrimonial life with the said Ysabel de Herrera, my wife, the following:

First: One house in said jurisdiction of Santa Cruz; a ranch with its necessary lands for agriculture, free from all encumbrance, and for which I have the necessary instruments of writing.

Also: Seventy-eight head of cattle and four yoke of oxen, together with equipment and a cart.  Thirty head of sheep.  Fifty-four head of horses and mares, and three mules.

Which said property, and the other which would be the increase thereof, if God grants me life, I declare belongs and pertains, at the end of my days, after my debts are paid including funeral and masses, to my wife and my children, for having helped me to make what I possess, and because no other person has any claim to or share in the same.

I declare I have an unsettled account with General Felix Martinez, on a note which I gave him for two hundred pesos which he loaned me, of which and for which I have paid him twenty fanegas of corn at the price of two pesos each, and three of wheat at two pesos and fifty cents each.

I declare that the said General had an agreement with me that I should serve him for the price and sum of four hundred and thirty-one pesos a year, on account of which he gave me, in the city of Mexico, the two hundred for which I gave him a note as above stated, and in this Villa, one hundred and sixty. And likewise I loaned him a mule that he has not returned. All of which I declare, in order that, if the time for settlement of accounts shall arrive, whatever he would owe me shall be collected.

I declare that I owe to Felipe Sais, a resident of Parral, a few pesos, which I agreed to pay with a little Indian girl. It is my wish that in case I have not yet paid him that which he says I owe him, be paid or given to him.

I declare that I owe Domingo Felis, a merchant and resident of Chihuahua, twenty-give pesos. It is my wish that he be paid.

I declare that Captain don Pedro de Arisaga, a miner and resident of Chihuahua owes me ten pesos which shall be collected.

I declare that Juan Estevan de Apodaca, a soldier of this garrison, owes me a horse that I loaned him, which shall be recovered.

I declare that the retired Ensign of this garrison, Bartolo Sanchez owes me two cows that I paid Thomas Garcia for him, which shall be recovered.

I declare that to the said Thomas Garcia I loaned another cow which shall be recovered.

I declare that I loaned a bull to the Reverend Father, Friar Lucas de Arevalo, which shall be recovered.

I declare that to an Indian of Picuris, by the name of Trujillo, I loaned an ox, which shall be recovered.

I declare that to an Indian of Taos, Captain of War, by the name of Francisco, I loaned a horse, which shall be recovered.

I order that the above and all other debts that shall appear to be owed to me shall be collected, and likewise that those whom I owe, and all debts that I may contract shall be paid; and that whatever is left and that which I know to be mine be divided among my children and wife, that each one may receive the share to which she is entitled without dispute or dissension.

I declare that I have the lands of the ranch planted with five fanegas of wheat, some beans and peas.

I request that my firearms and my horse’s equipment be sold and the returns by paid for masses that my Executor and heirs shall desire and wish to have said for me.

I leave the said property, plus that which I would have as increase, through my efforts and labor, if God shall be willing to prolong my life, as likewise less that which it might be decreased by the diversities of fortune. Therefore, I shall leave an executor appointed and named. For the present I appoint my aforesaid wife and my sons as executors and guardians of my property and heirs, and ask and request Captain Francisco Bueno de Bohorquez y Corcuera, Alcalde Mayor of this villa and its jurisdiction, before whom I make this, my last will and testament, in the presence of witnesses who were my brother, Antonio Tafolla, and the Lieutenant of the company of this garrison, Francisco Montes Vigil, to interpose his judicial authority to make it valid; I, the said Alcalde Mayor, interposing all of the judicial authority that I have and can. I certify that I know the testator and the witnesses. And that he did not sign because he did not know how. I, the said Alcalde Mayor, acting as receiving Judge, in the absence of a Public or Royal Scribe, of which there is none in this Kingdom, signed it with my assisting witnesses; done in this villa of Santa Fe, New Mexico, on the twenty-ninth day of the month of March of the year one thousand seven hundred and eighteen, written on this common paper because the sealed is not to be found in these parts.

Attesting Witness: Diego Arias de Quiros, (rubric); Juan Manuel Chirinos, (rubric); Executed before me, Francisco Joseph Bueno de Bohorquez y Corcuera, (rubric).

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 938, Reel 5, Frames 533-540.
©Henrietta M. Christmas

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