Tuesday, July 22, 2014

Heirs of Margarita Martin estate matters 1772

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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