Friday, August 1, 2014

Salazar Estate settlement ~ 1765

We, Francisco Pablo de Salazar and Cristobal de Salazar, resident of this jurisdiction of Albuquerque, as executors and heirs of Antonio Salazar, our deceased father, in the best form according to law, and favorable to our right and to that of the other heirs, appear before you.

Giving to each one an equal share of that right which belonged to him, without any controversy and for the entire fulfillment of the legacies there is wanting only the division in the above conformity of a portion of land and house which was left also for the benefit of the heirs, which is in the district of La Cañada de Santa Cruz on the west bank of the river at a place commonly called “El Corral de Piedra.”  It is necessary to deliver to each one of the heirs his corresponding interest and in the event that any one of the parties may want to sell his interest, may it please your Excellency to order that the heirs be preferred in said sale to prevent any injury which may follow.

The reason we come before you is that one of the parties being Joaquin de Luna, husband of our sister, who says that our deceased father gave him the house and lands and that he gave them to him seven years ago as an inheritance from his wife.  In view of a clause of the testament and will, it is perceived that the said deceased left the house and lands together with the other property to be divided amongst his heirs; therefore it seems that he is contradicted in the opposition which he makes in the obstruction of the division of the house and lands between the heirs.

In the division of the lands and house, rarely that when I got married to my said wife, who is the youngest of the family, her father assigned to her a parcel of agricultural land at the extreme south an of the tract which he possessed, contiguous to don Pedro Martin, Lt. of the militia, now deceased, to whom my deceased father-in-law had sold the lands on which he lived and which are now possessed by his heirs. – Joaquin Luna

In Santa Fe on July 5, 1765, proved and convinces that Antonio de Salazar made a division and assignment of the lands and house which he possessed at Corral de Piedra and it is confirmed by the clause of the testament, wherefore it is not lawful for the executors to violate what has been done by their father by changing the locations of the property belonging to each one of the heirs, and they can and must comply equally in regard to the above, and in regard to their measurements, complying with the equality provided in the will.

Spanish Archives of New Mexico, Series I, Twitchell 872, Reel 5, Frame 179-194
©Henrietta M. Christmas

No comments:

Post a Comment