To
the Governor and Commander of the Province of New Mexico, for the King.
Juana
Padilla, with the permission of her husband, for herself, and lending voice and
security for Julian Padilla, her brother, now deceased, whom there remain
lawful heirs, Thomas Padilla, Thomas Roibal and Joseph Antonio Lopes, in the
name of his wife, Maria Roibal, soldiers of this royal garrison, as the
legitimate heirs of Margarita Martin, our mother, now deceased; we appear
before Your Excellency in the best form permitted under the law. We say that because of the death of Captain
Sebastian Martin, and Maria Lujan, the parents of the said Margarita Martin,
there exist the lands of the ranch which he possessed in Rio Arriba, and those
which had been held in Taos without formal division or distribution amongst
their children, some of whom have had that which was assigned to them by their
said father; and others who were recognized as his, other portions which had
been assigned to them by the executor, Marcial Martin, and aside from the lands
which were apportioned to his said children by the said Captain, there are
others, also in Rio Arriba as also in Truchas and in Chamisal, and we are not
in accord as to the apportionment made by the executor. In regard to that part assigned to my mother,
which is not equivalent by a very marked difference, to that retained by the
executor, Marcial Martin, nor those portions which are enjoyed by Manuel Martin
and Antonio Martin, other than the lands the two have acquired independently
from the portions allotted them by their father, and others which we know they
are attempting to sell, causing great injury to us. But we do not know how much or which ones
belong to us.
We
appoint our attorneys, Santiago Lucero (Barbara Padilla) and Miguel Sanchez
(Rosa Roybal), daughters of the same right and heirs of Margarita Martin; and
the same distribution and allotment ought to be made of the house and orchard
consisting of fruit trees in accordance with the said wills. Signed Juana Padiya, rubric; Thomas Padilla,
rubric; Joseph Anto Lopez, rubric and at the request of Thomas Roybal, rubric.
March
6, 1772, in Santa Fe. In compliance with
this petition by the heirs of Margarita Martin, which is signed by them, I
grant authority to don Salbador Garcia, to summons the attorneys in order to
comply with the wills. Pedro Fermin de
Mendinuetta, rubric; Matteo de Peña Redonda, rubric; Antonio Moreno, rubric.
April
29, 1772, in this place of Nuestra Senora de la Soledad del Rio Arriba, by
virtue of the appointment which is given to me in the former decree, I summoned
the attorneys of doña Juana Padilla, the executors and having on hand the wills
of Captain Sebastian Martin and Maria Lujan, his wife. I apportioned the house, the orchard of fruit
trees and a piece of land, which is on the north side of the house, instituting
the distribution with the oldest to the youngest, as heirs being: Maria Martin,
Santiago Lucero, Miguel Sanchez from Margarita Martin, Rosa Martin, Manuel
Martin, Angela Martin, Jose Martin and Antonio Martin.
I
included the first distribution to Maria Martin, including sixteen varas of the
house, seventeen varas of land, and 14 trees. To Margarita Martin, there were
included sixteen varas of the house, seventeen varas of land together with its
entrances and exits. To Rosa Martin, there were included sixteen varas of the
house, seventeen varas of land and 14 trees.
To Manuel Martin, there were sixteen varas of the house, seventeen varas
of land, and 14 trees. To Angela Martin, there were sixteen varas of the house,
seventeen varas of land, and 14 trees. To Jose Martin, there were sixteen varas of
the house, seventeen varas of land, and 14 trees. To Antonio Martin, there were sixteen varas
of the house, seventeen varas of land, and 14 trees.
The
second distribution was originated by causing the lands of Marcial Martin to be
measured with the river on the north, and from the measurement of the lands
there was obtained 2,375 varas of lands.
To Margarita Martin, there were allotted 2,200 varas located on the
little bay and which contains cattails, being above in the big woods. To Rosa Martin, the lands were measured from
the corner of the square mentioned above up to the lands that her father sold
to Blas Martin, 1,630 varas and bound by Margarita Martin. To Manuel Martin, there were measured at La
Joya, from the edge of the arroyo, from Truchas to the Pinos Altos, 2,375
varas. To Angela Martin, were measured I
the canoe from the little live oaks above 1,700 varas and the rest as given to
her in the corral of the soldiers, 620 varas and 55 varas in the big
woods. To Jose Martin were measured in
La Jollita, which he sold, 2,000 varas.
To Antonio Martin, there were measured out to him the remainder of the
soldier’s land and at Las Estufitas 1,500 varas which have been sold and that
he shall be given in the big woods with the boundary of Margarita Martin, up
above the remained of 805 varas.
Third
Distribution:
At
Chamisal, they were included to Marcial Martin, Margarita Martin, Rosa Martin,
Angela Martin, Antonio Martin, 111 varas each and to Jose Martin 375 varas that
were short in the Rio del Norte.
Fourth
Distribution:
In
Truchas, to Marcial Martin, 115 varas; Margarita Martin, 325 varas; and 150
varas that remain in Truchas which belong to her. To Rosa 150 varas; Manuel
those were included that were sold to Juan Antonio Gonzales and are included
with the 111 varas; to Angela, 150 varas; to Jose, 250 varas including the 111
that were assigned in Chamisal and to Antonio, 150 varas.
Signed
Salbador Garzia de Noriega, rubric, Judge Receiver
Lorenzo
Lovato, rubric and Santiago Martin, rubric
Reference: Spanish Archives of New Mexico, Series I,
Twitchell 698, Reel 4, Frame 658-668.
©Henrietta M. Christmas
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