On the 5th of April 1763, Manuel Gallegos, the Alcalde Mayor of the villa, noted that on the 25th day of March, Maria Francisca de Sena, widow of Jose Moreno, died suddenly. She died intestate.
At the settlement of Santa Barbara de la Junta de los Rios, on the 6th of April 1763, I said Alcalde Mayor, being in the house and residence of the deceased, accompanied by the assisting witnesses, for the purpose and in order that the heirs may present the bills of sale and other instruments that the said deceased may have had and also to have them…. Signed Manuel Gallegos, rubric.
Immediately after and in this settlement, I the said Alcalde Mayor, proceeding with the business in hand an ordered to appear before me, Felipe de Sena, brother of the deceased and who always had a friendly connection with her. He stated under oath that he was ready to show the bill of sale for the ranch at Santa Barbara and the house in Santa Fe, also a receipt made by Antonio de Beitia, a resident of Ojo Caliente, in favor of the said deceased for 300 head of ewes which the said Beitia had on shares; he also had on note 112 pesos that Salbador Gonzales, a resident of said villa owed the deceased. Those were the only papers his sister had left with him. He said he knew she had six breeding cows and two-yearling heifers, three oxen, three female burros and one small burro, eight goats and one he-goat, one cart complete, one axe, one metal French kettle; that those were the property that belonged to his sister; that the clothing that she had, he knew his sister had given to Maria de la Luz past year as a wedding present. He also knew she had two old waists one pair of old skirts, one cotton mantilla, also old. He declared that was all he knew and during the life of his sister, she had given to her son, Joseph Jacinto, single, his maiden sister and the minor brother, Juan Francisco, the Santa Barbara ranch to be divided in equal parts, and to her married daughter, Maria de la Lus, she gave the house and a piece of land situated in this villa. He said he was 42 years old, did not know how to sign his name. Signed Manuel Gallegos, rubric; wit/ Bisente Sena, rubric and Tomas de Armijo, rubric.
Deposition of Jacinto Jose Moreno:
In the above mentioned settlement, of Santa Barbara, on said day, month and year, I the said Alcalde Mayor, pursuing the inquiry in these proceedings, summoned Jacinto Joseph Moreno, legitimate son of the deceased, who after being duly sworn, according to law and deposed to tell the truth about his deceased mother.
Asked if he knew how many ewes his mother had, he answered 300 head and these were held by Antonio Beitia on shares. He knew she had three oxen, one complete cart, six cows and two heifers, three female burros and one small burro, one axe, one metal kettle, eight goats and one he-goat. When asked if he knew if anybody owed his mother anything, he said that he knew that Manuel Lopez owed his mother ten pesos; Salbador Gonzales, 100 and some odd oxen; and asked if he knew of any other property that his mother had, he said that this ranch belonged to her. Although he knew she had a house in the villa, she had given it to his sister, Maria de la Luz at the time of her marriage. When asked about clothing, he said only what she wore. He declare he was 20 years old more or less, Signed Manuel Gallegos, rubric; Bisente Sena, rubric; Thomas de Armijo, rubric.
Deposition of Juan Tafoya:
In this settlement of Santa Barbara, on said day, month and year, I ordered Juan Tafoya, son-in-law of the deceased who had lived together to appear before me. He said she had 300 head of ewes, and they were in the hands of Antonio Beitia and the he knew that she had a card and two yoke of oxen; and that he knew she had eight cows and two heifers; and they had paid two cows and one horse for the funeral and that she had three female burros and one small burro, and some goats. He knew the ranch at Santa Barbara belonged to her and she had given to her married daughter, his wife. He declared he was 25 years old, Signed Manuel Gallegos, rubric; Bisente Sena, rubric; Thomas de Armijo, rubric.
First a ranch and five-room house, not completed in this said settlement with its broken farm lands.
One five-room house and farm lands situated in the villa.
Six breeding cows and two yearling heifers.
Three female burros and one small burro.
Eight goats and one he-goat.
One cart with yoke, yoke straps and chains.
One copper kettle.
Two waists, one pair of skirts and one mantilla – all old.
Three hundred ewes.
Signed Manuel Gallegos, rubric; Bisente Sena, rubric; Thomas de Armijo, rubric.
To los Pinos, 44 pesos.
To don Clemente Gutierres, 18 pesos.
To ensign don Toribio Ortiz, 26 pesos.
To Joaquin Mestas, 50 pesos.
All the above debts were paid and cleared.
The rest of the inventory was divided equally amongst the three children, knowing the house in the villa was given to Maria de la Lus.
I appoint, Bernardino de Sena, guardian of the minor heirs and the said Bernardino de Sena being present, agreed to serve as guardian and that he would look after the three hundred sheep and the profits derived, also the land and house on the Rio Tesuque Ranch; and the profits of said sheep to be sixty lambs 100 fleeces of wool; these were to be used for assistance of the minor heir, Juan de Sena. Don Carlos Mirabal he being the person who will take care of the said minor.
Signed Manuel Gallegos, rubric; Antonio de Beitia, rubric and Jose Miguel Garduño, rubric.
Reference: Spanish Archives of New Mexico, Series I, Twitchell 863, Reel 5, Frame 103-117.
©Henrietta M. Christmas