Monday, September 15, 2014

Marcial Torres Division of Estate 1763 (1)

Inventories of the goods of Marcial Torres and division of them, made by don Carlos Fernandez, Alcalde Mayor of La Cañada.

Year of 1763

1.    I received the alums in the sum eighteen pesos current of the county for a novenary of masses.  I subscribe that have the name for the soul of Marcial Torres, deceased, and in testimony I sign at this mission of San Geronimo, on the twenty-fourth day of the month of January in the year one thousand seven hundred and sixty-one.
                                                            Fray Andres Garcia, (rubric)

1:    At this mission of Señor San Juan, on the sixteenth day of August in the year one thousand seven hundred and sixty, I received of Antonio Martin, resident of the post of San Antonio del Embudo, for the alms, for one novenary of masses, one horse to my satisfaction; and being true I give the present receipt on said date.
                                                            Fray Juan Miribal, (rubric)

2:    I received twenty pesos, current of the country, as alms, for a novenary of Masses for the safety of the captives, which I have applied for said purpose.  In testimony whereof I have signed at this mission of Señor San Geronimo, on the twenty-fourth of the month of January, in the year one thousand seven hundred and sixty-one.
                                                            Fray Andres Garcia (rubric)

3:    Received of Señor Antonio Martin, resident of Embudo, on account of Marcial Torres, two colts; one old black horse, with galled withers and kidney sores; and three cows; in lieu of and Indian woman which he owed me, and for which I had given him one hundred pesos.  Besides the said Torres owed me five buckskins, and to my brother, Joaquin, five and a half buckskins, making altogether ten and one half buckskins; for these the said Señor Antonio gave me a cow and calf, and for five pesos worth of pelts which said Torres owed me he gave me another calf, of this year, of one of the cows.  In witness whereof, I signed on the 7th day of October of the year 1760
                                                          Matheo Joseph Pino (rubric)


To The Governor and Captain General:

       I, Antonio Martin, resident of the place called San Antonio del Embudo, Jurisdiction of the Pueblo of San Juan, appear before your Lordship in due form of law and state to your Lordship: That it has pleased God to take unto him my son-in-law, Marcial Torres, late resident of the Valley of Taos, he being one of those killed by the Comanche, in the said valley, and it so happened that I was present at the burial of my said son-in-law, and I was charged by the Lieutenant, Joseph de la Mora, to take measures to see if, of the goods which my son-in-law had,  there could be found some with which to pay his funeral, and some masses; for which purpose I left in that valley a son of mine, called Cayetano Martin, who brought to my house that which appears in the little memorandum which I present herewith to your Lordship, that be it may be seen what was obtained.  And, besides the little memorandum, I advise you that there is included therein the heifer which was said to have remained in Taos, and from the whole of these goods I have paid to the Reverend priests that which is shown, for novenaries of Masses, and to don Mateo Pino, that which was due him form the said deceased, as attested to your Lordship, by the receipt of said don Mateo, manifested herewith, and the receipt of Rev. Father Miribal, and that of Father prior Andres Garcia, I demand (p. 3) it and give satisfaction.
Relative to the house and lands of the deceased, I do not know what he had in the said valley, as there do not appear papers of any kind.

There is now in my possession the balance of said goods, and two little orphans (huerfanitos) one little girl, and one little boy, children of the said deceased and my daughter, Maria Martin, now a captive, and a little grandson of the said deceased and mine, that is three little orphans that are in my possession, whose property I am always ready to deliver or do with as our Lordship may direct.

I took them in charge, considering myself nearest them, on the part of my daughter, now captive, and the two children who are with her and the two which I have with me, that your Lordship will order to be done with these goods which I have with me, that your Lordship will order to be done with these goods that which you may consider right, and in such action I will receive favor and justice.

       This indenture, I swear in due formality, not to be of bad faith, etc.
       At the request of Antonio Martin
                        Phelipe Tafoya, (rubric)  Attorney


At the city of Santa Fe, on the twenty-fourth of January, in the year seventeen hundred and sixty-one, before me, don Francisco del Valle, Governor and Captain General of this Kingdom has presented the foregoing petition, which I examined and approved with regard to its legal form, and attentive to the petition of this party (mutilated) – that were left by the death of Marcial Torres, his son-in-law, and how his death occurred with (mutilated) – and having left wife and children, some of these are captives in possession of the enemy, the Comanche.

Relative to the property that was left, and the grandchildren who he says are in his possession, as well as of the rest, I order that he be guardian and trustee thereof.  Also that he present the receipts for the masses, and other things done for the soul of the deceased.

He shall also take the oath to justly administer upon the property left, and for the proper observance of this my decree.  An inventory shall be made that shall always appear of record.
For this and the other proceedings necessary I give full legal commission, as required, to the “Teniente de Captain” don Carlos Fernandez.

In conclusion I charge the trustees of these goods that he retain them in his possession, taking care of them as though they were his own, and that he support the grandchildren.  And if there be any children of the first marriage, they shall be furnished with a copy of this order.

He will also ascertain if there be any inheritance which should be delivered to them before the other children who are now in captivity, may be returned to us.

I do so provide, ordain and sign, with my attending witnesses, to which I certify.
                                                  Francisco Antonio Marin del Valle (rubric)
       Witnesses: Bernardo de Miera y Pacheco (rubric)
       Witness: Miguel de Aliri (rubric)


At this city of Santa Fe, on the seventh day of February, in the year one thousand seven hundred and sixty-one, I, don Carlos Fernandez, acting Captain of this camp garrison, in virtue of the foregoing commission, conferred by the Governor and Captain General, don Francisco Antonio Marin del Valle of this Kingdom, and for the proper execution thereof, I ordered to appear before me, Antonio Martin, of Embudo, as commanded by his Lordship.

I also provided, ordered, and signed, acting with witnesses, in lieu of a notary.  To which I certify.       
Carlos Fernandes, (rubric) and Witnesses: Miguel Aliri, (rubric) and Salvador Sandoval, (rubric)


At the said city, said day, month and year, before me the said Lieutenant, in compliance with the above order, Antonio Martin of Embudo appeared, and was duly sworn in the name of God and the Holy Cross, and under his oath promised to tell the truth in all that he knew, and was asked relative to the goods which came into his possession by the death of Marcial Torres, and he said: That the property which he received, belonging to his son-in-law, the late Marcial Torres, were: thirty-two head of cattle, that is, fourteen grown cows.  They are sixteen grown cows, three two-year old heifers; two yearlings; one two year old bull; four oxen and seven calves.  Six old horses, one little mule, three years old.

And also that he knows that the deceased had in the Taos valley, a house and farm lands, which were obtained by purchased from don Bernardo Roibal, the deeds which do not exist, they are supposed to have been lost when the Comanche sacked the house.

Being asked if he knows whether any persons owed the before mention deceased, any sums of money, he said, that he has heard it said that a son of Juan Alonso, who is commonly called “El Chato” (flat face), owed him a horse and that an Indian of (torn) owed him six pesos for a calf.  Being asked if he knew of the amounts due the “Pinos” which amounts he had paid out of the property coming into his possession, as attested by the receipt of don Mateo del Pino, which he presented; he also states that he has heard that the deceased had a trade with don Clemente Gutierres, but that he does not know whether the deceased owed him anything or not.  And being asked how many children the deceased, his son-in-law, had, he answered that he knew of eleven, six by the first wife as follows: Joachim, now dead, who was married to his, (affiance) daughter, Pasquala, from which union there is left one child, called Antonio Joseph, who is now in his, (affiance) possession; Pablo, who was killed by the Comanche, having been married to a daughter of Juan Antonio Salazar, who was carried off into captivity; Jacinta, who is in captivity and who was married to Julian Jaques, who was killed by the Comanche, from which union there was one child named Francisca, who was taken into captivity with her mother to the Comanche; Leonarda, who is married to Valentin Martin; Christoval, who is also in captivity; and by the second wife, whose name is Maria, a daughter of the affiant, he had Juan Domingo, Juliana, Maria, and another child whose name he does not know.  Of these, Juan Domingo and Juliana are in his possession and the other three are in captivity and Francisca, who was killed by the Comanche.  And being asked if he knew whether the said Marcial Torres had given any property to his grown children (emancipated) by his first wife, he stated that while he was in Taos and at the corral of the deceased said the deceased remarked “that cow I have given to Valentin”, indicating a cow that had just entered the corral, “another to Pablo, and another to Petrona, and another to Jacinta, but I have not given anything to Joachin nor to Christoval.  But this he knows only in the manner aforesaid, otherwise he knows not.  Affiant further states that when his nephew, Julian Martin, got married at Taos, the said Valentin gave him a cow of those that are at the house of the said Torres, but he does not know whether the cow had been given to him by the said deceased or not, and that he also knows that when the stock that is in his possession was gathered, they were separated by the sons of the deceased Lobato, three cows, one of them having a calf, saying that they belonged to Jacinta; also two horses which it is said belonged to Julian Jaques, husband of the said Jacinta, now captive, and the horses and cows, as he is informed are now in possession of Valentin Martin, as are also three of the four oxen that were received at Taos.

Being asked if there were any other expenses connected with property received, he stated that he has said three novenaries of masses, two of the soul of the said Marcial Torres, and one of the blessing of the captives; and in proof of this he presented three vouchers, two from the Rev. Father Fray Andres Garcia, and the other from the Rev. Father Miribel.

Being asked if he knew any other thing relative to (que conduzca) this property, affiant says he does not, and that the statement made to him under oath is true.

This, his statement being read to him he affirmed and ratified stating his age at fifty years.  He did not sign, not being able to write.  I, the said Lieutenant signed it, acting as said judge, to which I certify.       
Carlos Fernandes, (rubric)
Witness:       Miguel de Aliri, (rubric)
Witness:       Salvador Sandoval, (rubric)

References:  Spanish Archives of New Mexico, Series I, Twitchell 987, Reel 5, Frames 725-824 

©Henrietta M. Christmas

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