Saturday, November 1, 2014

Clara de Villareal ~ Estate 1753

My friend and colleague, Patricia Sanchez Rau is helping out with the wills, look what she found!!


Dates:  January 3, 1753
Subject:  Estate of Clara de Villareal
Partition made at the request of Juan Joseph de Arguello by Nicolas de Ortiz, Alcalde of Santa Fe
Margin Note:  Inventory and partition in favor of Juan Jph. (Joseph) de Arguello

#789 (Original Number)

Señor Alcalde Mayor, don Nicolas Ortiz,
I, Juan Joseph de Arguello, a resident of the settlement of San Joseph de Gracia, jurisdiction of the Picuris Pueblo, appear before your honor in the best form possible according to the law and favoring me, and say, that my mother-in-law, Clara de Villareal, mother of my wife, Joaquina Rodriguez, died in this villa in April of this past year of ’52.  At her death, there was some community property left for the benefit of only one legitimate daughter, as heiress, my wife Joaquina Rodriguez.  The said estate remained in the possession of my father-in-law Melchor Rodriguez.  It now appears that my said father-in-law is about to contract a second marriage, and since he may have children of the second marriage, from which suits and disagreements may arise, let your honor deign to order, according to justice, that my said father-in-law deliver to my wife, the chattels as well as the real estate from the community property which belong to her from her mother’s share, and that these be divided in equal parts between my wife and my father-in-law by the royal courts.  For all of which and the rest I ask and request your Honor to deign to and decide as I have requested, because it is just.  I swear in the form that this, my petition, is no made in malice but through necessity, etc.
Joseph de Arguello (Rubric)

In the villa of Santa Fe, on the third day of the month of January of the present year, seventeen hundred fifty-three, I Captain don Nicolas Ortiz, Alcalde Mayor of this said villa and jurisdiction, representing Señor don Tomas Velez Cachupin, Governor and Captain General of this kingdom, in compliance with my duty and in consideration of what this party asks regarding the estate left at the death of Clara de Villareal, his deceased mother-in-law, to the effect that it be delivered to Joachina Rodriguez, her legitimate daughter and heiress of the deceased; in attention thereto I summoned Melchor Rodriguez to appear before me and the witnesses and when present I order him to manifest all the chattels left by his deceased wife at the time of her death, and which are no in his possession, both real and personal property and the other jewels which were known to have been left by the said deceased, in order that I might act in justice according to reason.

I, the said Alcalde Mayor, acting as Jues Receptor, so decreed, ordered and decided with the assisting witnesses in the absence of a public or royal notaries, there being none in this kingdom, all of which I certify.
Nicolas de Ortiz (Rubric)
Judge Receiver,
Witness:  Franco Guerrero (Rubric)
Witness:  Lucas Moya (Rubric)

On said day, month, and year, I said Alcalde Mayor, in pursuance of these proceedings, and in order to proceed with the inventory and partition of the estate of the said deceased, and in order to find out what they are, so as to satisfy the interested party and heiress of said chattels, should order and did order that Melchor Rodrigues present, according to his conscience and under oath, the chattels remaining in his possession.  I so decreed ordered and signed with the assisting witnesses acting as aforesaid, on said day, month and year.  Ut Supra

Page 3
Nicolas de Ortiz (Rubric)
Jues Receptor
Witness:  Franco Guerrero (Rubric)
Witness:  Lucas Moya (Rubric)

On said day, month and year, I, said Alcalde Mayor of said villa and its jurisdiction, Melchor Rodriguez, being present, took his oath, which he made in the name of God, our Lord and by the sign of the cross, under which oath, he promised to tell the truth concerning whatever he might be asked.  When he was notified according to the preceding decree he was to give information as to the manifest of the estate of the deceased Clara de Villareal, his wife, now in his possession.  He said that when he married the deceased that neither she nor he had any property whatever and that by diligence and hard work, they acquired the little they had, which was left by the deceased and which he presents in the following form and manner:

First he declares as chattels of each one, 6 breeding cows, 1 with calf        06
Item:  5 Oxen broken to the plow                                                                  05
Item:  1 male mule                                                                                         01
Item:  2 horses                                                                                                02
Item:  1 cart – equipped                                                                                 01
Item:  1 large chest with key                                                                          01
Another small chest                                                                           01
Item:  1 large chest without a key                                                                  01
Item:  A serge skirt                                                                                         01
Item:  1 scarf of half silk                                                                                01
Item:  Some enameled coral bracelets                                                           01
Item:  1 kitchen spoon and spit                                                                      01
Item:  1 small house and a piece of land that he interited from his deceased father, Sebastian Rodriguez, all of which he sold for the sum of 98 pesos.

Item:  There is a six (6) room house at the lower end of the river of of this villa which he built himself, and the said house has a large piece of agricultural land.

He stated that he had listed everything and that there are no other goods in his possession.  He says that what little more there was, he spent for the funeral and Masses for the deceased, and only what was mentioned remained.  Regarding the skirt, scarf, bracelets, kettle, spoon, chest and spt, he delivered them all as well as a sieve to his daughter Joachina when she married.

In evidence of the manifest, I, said Alcalde Mayor, acting as Jues Receptor, signed with the assisting witnesses in the absence of public or royal notaries, there being none in this kingdom.  The said Melchor did not sign, not knowing how then I said Alcalde Mayor, signed it on this day,   Nicolas Ortiz (Rubric)
Witness:  Franco Guerrero (Rubric)
Witness:  Lucas Moya (Rubric)

            Appraisal of the Property

In the villa of Santa Fe, on the fourth day of the month of January, in the year seventeen hundred fifty-three, I said, Alcalde Mayor, in conformity with the manifestation made by Melchor Rodriguez of all the property, should order and did order the appraisal of each thing in its just value and price of men of knowledge and conscience.

In evidence, thereof, I, said Alcalde mayor, signed with the assisting witnesses as aforesaid, all of which I certify. 
Nicolas Ortiz (Rubric)
Witness: Franco Guerrero (Rubric)
Witness:  Lucas Moya (Rubric)

First, 6 breeding cows at 20 pesos amount to 
     120 pesos, currency of the land…120 pesos
For 5 gentle oxen at 25 pesos each, the value is 125 pesos...125 pesos
1 male mule...30 pesos
For 2 hours at 15 pesos...30 pesos
For 1 burro...15 pesos
For new serge skirt at 36 pesos...36 pesos
For 1 scarf of half silk...10 pesos
For the chest with key...5 pesos
For another small chest...2 pesos
For another large chest without a key...2 pesos 
For 1 kitchen spoon and 1 spit...2 pesos
For enamel coral bracelets...                                                                                                                  
The said items amount to the sum of 382 pesos   ...382 pesos

That sum divided in two between the daughter and her father leaves to
each of them the sum of 191 pesos                    ...191 pesos                                                                                                               

For the same reason I went to the house of said Melchor Rodriguez and measured all the lands with a cord measuring a Castilian vara; and measured from east to west they contained 928 varas, I should say 29, which I divided between father and daughter and each is entitled to 464 ½ varas.                                                                                  464 ½ varas

And from the 6 rooms, each one is entitled to 3 rooms of the said house; and from the said lands, received by said Melchor; he paid his son-in-law for his share of the male mule, which is 15 pesos                                                                                                15 pesos

From the share of the burro                                                              7 pesos
From the share of the small house and lands contiguous to the house of his brother Esteban, who was on shares with Pedro Felipe, his son, he insured to his daughter Joachina 34 pesos in the lands from the lower house, which was the amount of her share of the said small house and lands
                                                                                                          34 pesos
At the same time, he insured the 15 pesos of the share of the horse she was entitled to.
                                                                                                          15 pesos
With which he satisfied and paid to his said son-in-law Juan Jph. de Arguello. Afterwards, from the surplus of the lands on the maternal side which were delivered to him and from the six cows, Melchor gave him three.  Of the five oxen, two and for the half of the remaining cow, they agreed on the payment of   12 pesos and 4 reales which he received to his satisfaction.  With all of which said Juan Jph. and his wife Joachina, were contented, paid and satisfied, and they acknowledge and say that they will not ask the said Melchor for any part of the estate and community property on the maternal side, now or at any time.  And, in evidence thereof, I signed the said partition, acting as Jues Receptor with the assisting witnesses in the absence of public or royal notaries, there being none in this kingdom.

It is on the present common paper, because the sealed paper is not obtainable in these parts.  All of which I certify.

Nicolas Ortiz (Rubric)
Jues Receptor
Witness:  Franco Guerrero (Rubric)
Witness:  Lucas Moya (Rubric)

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1049, Reel 5, Frame 1264-1271.
©Patricia Sanchez Rau, 2014

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