Wednesday, August 6, 2014

Alcalde Mayor & War Captain, Felipe Tafoya ~ Will 1771

Know all who may see this last will, that I, don Phelipe Tafoya, Alcalde Mayor and War Captain, Lieutenant General to the Governor of this capital villa of Santa Fe, legitimate son of the Ensign, don Antonio Tafoya and doña Maria Luiza Godines de Villa Visencio, both deceased; being in good health, without any illness; in my sound mind and natural judgment

I declare that I was united in a first marriage, according to the rites of Our Holy Mother Church to doña Margarita Gonsales de la Rosa, for the period of twenty years, during which period we had and raised five children, whom I acknowledge as legitimate and of a legitimate marriage. Of these, Antonio, the oldest, died after he was baptized; Maria Bibiana and Maria Josefa also died soon after they were born. Ysabel and Jetrudes reached a marriageable age; Ysabel died and left a child names Joseph Martin; Jertrudes is still living.

I declare that when I was married to doña Margarita she did not bring any property to my possession, nor did I have any, and what we had and acquired during our said marriage was by our industry and labor, and as soon as God was pleased to take my said wife to Himself, I delivered to my two daughters, Ysabel and Jetrudes, all of the property existing at that time, without withholding anything from the property belonging to them on the maternal side, and I voluntarily granted to my said daughters the total of the property which could belong to me, with the house and its household furniture, without taking anything for myself except my firearms and my wearing apparel, and is well known. From a parcel of farm land which was given to me as a grant during said marriage, I delivered to Joachin Martin, my grandson, and to Juan Diego Romero, my son-in-law, 172 varas, measured from east to west, from north to south, said lands are from the public wagon road which is on the south, as far as the old acequia madre divides the lands of the Garduño on the north; which I have delivered to my aforesaid daughters all the property this property on the maternal and paternal side as I have stated.

I declare that I have been united in a second marriage to doña Theresa Fernandes de la Pedrera, widow of Phelipe Sandobal, for the period of twenty years, during which time we have had and raised six children, whom I acknowledge as my legitimate children of a legitimate marriage, and they are: Joseph Miguel, Maria Phelipa, Maria Josepha, Maria Manuela, Maria Francisca and Antonio Joseph.

I declare that when I was married to my said wife she brought to my possession her dwelling house with its’ household furniture and her lands; 30 cows, 200 ewes, 3 yoke of oxen and other articles of clothing, with which said property may be increased.

 I declare as my property and that of my aforesaid wife, 600 ewes which are in possession off Miguel Antonio Chabes, resident of El Rio Abajo, as is shown by the instrument.

I declare as my property 41 cows and heifers, two one-year old bulls, 11 oxen, the house of my aforesaid wife with its furniture. All of these properties, as well as all the rest which may be in existence, remain at the disposal of my wife as legitimate owner of the same, and she may dispose of it at her will in the partition to our children; and I leave apart from this property only one grinding mill which is separated from the house; this, with my firearms, I bequeath to my son Antonio Joseph, the youngest of my children, without this interfering into the other property which he may inherit, for with this I increase it.

I declare that, although my wife had one son by her first husband, Phelipe Sandobal, whose name is Phelipe Sandobal; he willingly has ceded to his mother the property which he could have inherited from his paternal and maternal side, as appears in a judicial instrument which is in possession of my said wife, to which I refer.

I declare as my property 5 male mules and 5 horses, which remain, with the other property, and the disposal of my wife, as I have stated.

I declare that I owe no one, and the few small amounts due me I will leave in a separate memorandum in order that the same may be collected.

It is my will that if God should be pleased to take me away, my executors shall be my wife in the first place, my son Blas Phelipe in the second place, and my son Joseph Miguel Tafoya in the third place.

I declare that the house which is in the plain and the piece of land which belongs with it, remains in favor of my children by my second marriage; that the same may be divided in equal shares for, as I have already said, I have delivered to my first daughters from the said lands, through Jose Martines and Juan Diego Romero, 178 varas of land to each one, measured from east to west as I have stated, and they will have nothing to request from my wife nor from the children of my second marriage, for with said lands they shall remain entirely delivered of what which they inherited from the maternal and paternal side. I order my executors the whenever I may die they shall appear with this my will and testament, before his Excellency the Governor, whoever he may be, in order that, in consideration thereof, his Excellency may be pleased to declare and approve it as my true will, that my said executors may be able to use it to comply with its stipulations, for it is my last will that this alone shall be valid from henceforth and forever. I revoke and annul any other memorandum, testament or codicil which I may have made before this; and that it may appear forever, I sign it with seven witnesses who were present in this said villa of Santa Fe, on the seventeenth day of the month of November, in the year one thousand seven hundred sixty-nine.

                                                                                                Phelipe Tafoya (rubric)

 Witnesses: Miguel Thenorio de Alba (rubric);  Nicolas Real (rubric);  Thomas de Sena (rubric);  Anacleto de Miera (rubric);  Phelipe Sandobal (rubric);  Juan de Prado (rubric); and Bernardo de Miera (rubric).       

Furthermore, I don Phelipe Tafoya, say that although it appears in this testament that I voluntarily gave the property acquired during my first marriage to my first two daughters, and knowing as I know, that the property acquired during the second marriage which may belong to me is not equivalent to that of the first one, I order, as my last will, that neither of my daughters of the first marriage give any right to ask anything of my children of the second marriage, nor do these or the second marriage any right to ask anything f those of the first marriage  from the property acquired during said marriage, which I have granted to them and it is my will that this which I have determined in this my testament, be complied with.

I declare that of the mules mentioned there are two less now.

I declare as my property 100 ewes on shares, in possession of Eusebio Chabes, resident of Alameda, which are there for a period of four years and when the time may have expired, eh shall have to deliver 200 young ewes and two rams to the satisfaction of whoever may receive them; and these, together with a complete loom which I have, I bequeath to my minor son, Antonio Joseph, as he is an invalid and none of that which I have separated for him shall enter into the account of what he may inherit or the other property after the death of his mother or whatever she may desire voluntarily to carry it into effect.

That is may be appear forever, that this is my last will and that these conditions and all of the rest contained may be committed with the and kept as expressed, I sign it in this villa of Santa Fe, on March 17, 1771.
                                                                                    Phelipe Tafoya (rubric)

Next names his wife, doña Theresa Fernandes as his first executor.

At Santa Fe on June 4, 1771, the petition made by don Phelipe Tafoya, now deceased was presented by doña Teresa Fernandez de la Pedrera, widow and first executor of the said deceased…  Singed Pedro Fermin de Mendinueta (rubric)

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 995, Reel 5, Frames 881.
©Henrietta M. Christmas

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