I, Xptoval Tores, being sick in bed with an illness make this last will and testament.
First, I declare that I am married to Angela de Leiva, and from this marriage we had and raised out our legitimate children, Diego de Tores, Francisca, Maria, Josefa and Margarita de Tores, whom I recognize as my legitimate children and heirs.
I declare that is my will that my dear wife be the administratrix when I ask, as well as my children, for the love of God, to bury my body in the church of la villa Nueva de Santa Cruz, if God wills to take me from this life to the eternal and that it be in the place they may decide.
I declare that out of my estate there be given to each of the forcible bequests two pesos, then they are to be paid from my property.
I declare that of the other part of my estate there be set aside the expenses of the funeral and internment.
I declare that I do not owe anyone that I can remember; but in case there should be any demands regarding this particular, I order that paid.
I declare that I loaned Francisco Ribera, now deceased, one mule, so he could freight for me; and I told him to take the mule without interest, but to be aware that I valued the said mule at 100 pesos, that in case it was lost he would have to pay me for the said amount.
I declare that if it is not possible for me to continue as my conscience demands in the discharge of my duties as a Christian; I ask and request that Juan Atienza, for the love of God, may discharge the duties with full authority from me. Juan Atienza, after the grantor had lost his speech, started to comply with all the duties imposed upon him, as also with the knowledge of the life and children of the grantor, taking an inventory of all the property which is as follows:
First: A grant of land to be cultivated, also sheep and cattle in the settlement of Chama, it is the will of the said Testator that they be divided into equal parts to those who are now settled there, as well as others they may want to settle in the future.
Item: Another land grant, situated in La Canada, he has set aside for its children and apportioned each one his share and it is understood that the house is left to his wife, as well as the said house built on the ranch, consisting of one room, hall and storeroom.
He leaves 21 cows, large and small.
Four yoke of oxen; and 223 ewes. Three mules, two males and one female; six horses and three mares, and three hogs.
One new cart with its yoke, chains and straps.
Two ploughshares, four tips, one small hoe, two axes, one carpenter’s axe and one coaling axe; one adze, two scythes, one chisel, one iron griddle, one large kettle, one chocolate jar, one spit and one iron spoon.
One saddle, one horse bridle, one mule bridle, one harquebus, spurs, sword, saddle bags, one shield, powder bars, one leather jacket, one sword belt, one should belt. All of the above he declared it was his will to give to Marcial de Tores, his grandson, except the horse bridle and saddle.
Another saddle, which is wife uses, without stirrups.
One suit that consists of a coat of fine material lined with calamanco and trimmed with galloon; one pair of trousers of the same material and one vest trimmed with scarlet cloth.
One used cape of Brittany linen.
One pair of used trousers.
Two used hats.
One statue of Saint Joseph is dedicated for this place of Chama.
One small bronze crucifix, one picture of Our Lady of the Rosary and one of Our Lady of Los Remedios.
Three benches; two tables.
One large box in which his wife kept her Sunday clothes; and one where she kept her working clothes.
One barber’s case, with five razors and stone.
One branding iron.
All of the above was shown in good conscience and he has declared that his wife, Angela de Leiva, is to his administrator; all to be divided equally among his legitimate children after her death. And I, Diego de Tores, acting as a competent judge and exercising the duties of my office, without considering that I am one of the interested parties, but acting as the Justice and Lt Alcalde Mayor and Captain of War, certify that I know my father, who gave all authority and power to the said Juan de Atienza to act as he would for himself. The instrumental witnesses were Luis Lopes, Juan Luxan and Nicolas Jorge and I, said Lt Alcalde Mayor, signed with two assisting witnesses in the absence of a public or royal notary in this villa of San Joseph de Grasia de Chama, on the 6th day of December 1726. Signed Diego Tores, rubric; witnesses: Mateo Truxillo, rubric and Joseph Madrid, rubric.
Spanish Archives of New Mexico, Series I, Twitchell 943, Reel 9, Frames 169-209
©Henrietta M. Christmas