Friday, November 7, 2014

Nicolasa Montes Vigil ~ Settlement of Estate 1765

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1057, Reel 5, Frame 1318-1326
©Patricia Sanchez Rau

Public Survey Office

Description:    Dated Oct 2, 1765
Subject Matter:  Estate of Nicolasa Montes Vigil, resident of Chama, wife of Cayetano Pacheco, last will and testament and proceedings in the settlement of the estate.
No. 905 (original number)
Year of 1765
Petition of Domo (Domingo) Montes Vegil against his son-in-law Cayetano Pacheco

Señor Governor and Captain General
I, Domingo Montes Vigil, a resident of the jurisdiction of the villa of Santa Cruz de la Cañada, appear before your Excellency with the most advantageous recourse, in the best form according to law and favorable to my right, and say, Señor, that a daughter of mine, named Nicolasa, who had been united in a second marriage to Calletano Pacheco, has died in said jurisdiction.  Her first marriage to Manuel Mestas, deceased, who left a minor daughter, a year and some months old.  When my aforementioned daughter died, she left as her estate and that of her first husband, the goods mentioned in her testament, which I present herewith to your Excellency, because her said husband has taken from said estate her funeral expenses and the rest of the things that present themselves for a deceased person, without asking a single expenditure, on his part that he should make as a husband’s as my poor little orphan has been robbed of her few chattels, because it has come to my  knowledge that he has even taken what her (his wife’s) said husband had given her at the time of her marriage, namely her dishes and clothing, and (as) he has made the expenditures solely from the small estate of said minor – as I say, thinking that this is not in reason, I appeal to the great justification of your Excellency so that in view, thereof, you may, in justice, order the Alcalde Mayor of this jurisdiction to look after and take care of the poor little orphan and do whatever your Excellency may consider advisable and just.   In so doing, I shall receive mercy and justice.  I swear in due form that this is not in malice but is necessary, etc.
Domingo Montes Vigil (Rubric)

Villa of Santa Fe, October 16, 1765

Viewing this document and the accompanying testament and heeding the clauses therein in order to verify whether the chattels referred to came from the first husband of the deceased, or whether they belonged to her as a dowry from her parents, I said that I was ordering and did order that a sworn affidavit be taken under a religious oath from the father of the said deceased, in which he shall state and say whether he gave her a dowry at the time she was married to her first husband, and how long she was wedded in the first marriage, in order to provide,  in view thereof, what may correspond to justice.  I so decree and sign, don Tomas Velez Cachupin, Governor and Captain General of this kingdom.
Velez Cachupin (Rubric)

In this said villa on said day, month and year, by virtue of my preceding order, appeared Domingo 
Vegil, mentioned in the above document, father of the deceased Nicolasa, and consequently the grandfather of Maria Manuela, and orphan and minor; and when he was present I took his oath which he made in the name of God, our Lord, and the sign of the holy cross, under burden of which he promised to tell the truth concerning what he knew and might be asked.  At this was according to the tenor of my order in the preceding decree, he said:  That all the chattels mentioned in the testament executed by his daughter belonged to Manuel Mestas, her first husband, with whom she lived for three years and three months, and that the deponent did not give his daughter any property either when she was married or afterwards; that what he said is truth and what he knows, under the oath he has taken.  He reaffirms and ratifies his statement.  He said he is seventy-four (74) years old and he signed with me and undersigned witnesses who assist me, with whom I act in the absence of notaries, of which there is none in this kingdom.
Tomas Velez Cachupin (Rubric)
Domingo Vigil (Rubric)
Witness:  Carlos Fernandez (Rubric)
Witness:  Joseph Maldonado (Rubric)

Villa of Santa Fe, October 16, 1765
After examining the preceding deposition, and what Domingo Montes Vigil sets forth, because it is understood from both that all the chattels bequeathed by the deceased Nicolasa Montes Vegil, belong to her legitimate heir, a small daughter of the first marriage, because the chattels belonged to her (the child’s) father, the deceased having no right except the administration and guardianship of same, consequently the said chattels to do belong (to her) nor are they assets for the payment of the burial, funeral or other expenses defrayed. 

I order the Alcalde Mayor of Santa Cruz, don Manuel Garzia Parejas, to order and compel Cayetano Pacheco, husband of the second marriage with the full rigor of the law, to restore the property mentioned in the testament:  the mule, the bracelets which were purchased with a mare belonging to the minor, and the half of the value of the scarlet cloth skirt and the embroidered cape, because half of both of these belonged by right to the deceased, and these only should be used for her internment, and not the rest, because they belong to the daughter by inheritance, according to the verbal evidence given by Domingo Montes Vigil.  In attention to the fact that it has been represented by the above-mentioned  that the aforesaid Cayetano Pacheco, took back and dispossessed his deceased wife of the jewels given to her at the time of his marriage to her, not permitting that they be mentioned in a testamentary clause, I also order the said Alcalde Mayor that half of the value of the said jewels given to the deceased woman by the aforementioned, her last husband, shall be restored (by the latter) to the minor heir of her mother and the other half shall be applied to the cost of the funeral and the rest of the expenses of the said deceased.  And in case that the said Cayetano Pacheco does not comply with the order within seven (7) days, he shall be imprisoned in the jail of this villa at his own expense.  All the assets mentioned in the testaments shall be delivered to Domingo Montes Vigil, as well as the person of his minor grandchild, so he can look after, protect, raise and educate her.  After everything is concluded, the said Alcalde Mayor shall return these proceedings and original testament to me, recording at the end of these proceedings the execution of the order of this decree.  I so provided and signed don Tomas Velez Cachupin, Governor and Captain General of this kingdom, acting with the assisting witnesses in the absence of notaries, of which there is none in this government.

            Tomas Velez Cachupin (Rubric)

Witness:  Carlos Fernandez (Rubric)
Witness:  Joseph Maldonado (Rubric)

In this district of Nuestra Señora de la Soledad del Rio Arriba, on the second day of the month of November, in the year one thousand seven hundred sixty-five, I don Manuel Garcia Pareja, Alcalde Mayor and Captain of War of the Villa of Santa Cruz de la Cañada and its jurisdiction, having received the foregoing decree issued by Señor don Tomas Velez Cachupin, Govern and Captain General of this kings, in favor of Domingo Montes Vigil, caused Cayetano Pacheco, widower of the deceased Nicolasa Montes Vegil, to appear before me whom I advised of the said decree, so that I could execute the order in same.  He at once obeyed and delivered all the jewels that he had in his possession, and he also completed the rest which he had paid for the funeral.  When they had been delivered, the said Doming Vegil, as guardian of his grandchild, remained content, satisfied and paid.  All of which was executed before me, said Alcalde Mayor, and the assisting witnesses with whom I act.  The said Montes Vegil signed with me, and in evidence thereof, I signed as Receiving Judge on said day, month, and year; all of which I certify.

            Manuel Garcia Pareja (Rubric)
            Domingo Vegil (Rubric)

Anto Beittia (Rubric)
Pedro Anto Martin

(Will of Nicolasa Montes Vegil)

In the name of Almighty God.  Amen. 
Know ye all who may see this last will and testament, that I Nicolasa Begil, resident of the locality of Chama, legitimate daughter of Captain Domingo Montes Begil and of Maria Estela Marqs, being, as I am, ill in bed, because of the sudden illness which God has seen fit to send me, having received the holy sacraments of Communion, Penance and Extreme Unction, being in my whole and sound mind, complete memory and volition, believing, as I firmly believe in the mysteries of the most Holy Trinity, Father, Son and Holy Ghost, three distinct persons and only one true God, and in all of the rest which our Holy Mother, Apostolic, Roman, Catholic Church holds, believes, and confesses; fearing and dreading death as a natural thing and a debt which we must pay, take as my intercessor, as I always have, the ever Virgin Mary, our Lady conceived without stain of original sin and my holy Guardian Angel, my patron saint and all the other saints in the court of heaven, in order that they may entreat our Lord, Jesus Christ, to forgive my sins and take me to enjoy his glory, and I invoke the grace of the Holy Ghost, I make and execute this my last will, in the following form and manner:

First, I commend by soul to God, our Lord, who redeemed it with the infinite price of His blood, and the body to the earth from which it was formed.  I declare that if God shall be pleased to take me to himself; my body shall be buried in the holy church of Santa Clara, and be shrouded with the habit of St. Francis, which I choose from this time.  All of my funeral expenses shall be paid from the residue of my estate, and in the future, lest not the welfare of my soul be forgotten.

Item:  I order that one peso shall be paid from my estate as alms to each of the forced bequests (almas forzosas)  and not one shall be omitted, especially the one of Our Lady of Guadalupe.
Item:  I declare that I have been married twice according to the rites of our Holy Mother Church; the first time to Manuel Mestas, now deceased, from which marriage we had and procreated one daughter named Maria Manuela.  In the second marriage, in which I was married to Cayetano Pacheco, we had no children.
Item:  I declare as my property three cows with calf, two bulls, one three year old bull and one heifer going on two years old, one young bull, a yearling, two male mules, one mare, one ox, one lance, one embroidered cape, a scarlet cloth skirt; some bracelets of intricate coral discs, one silk handkerchief; one reliquary trimmed with silver; one Tobajilla (scarf) already worn out, one painted chest from Michoacan with its lock; one Rouen linen skirt which she wore, two pairs of used skirts.
Item:  I declare that Joseph Torres owes me twelve pesos.
Item:  I declare that Francisco Begil, the half breed, owes me eight pesos.
Item:  I declare that Julian Begil owes me eight pesos.
Item:  I declare that Juan Tafoya owes me a chamois skin and three varas of linen.
Item:  I declare that Anto Gutierrez owes me two pesos.
Item:  I declare that Felipe de Guschipan owes me four pesos.
Item:  I declare that I owe for two Masses, one to San Juan Pomuceno and the other to the Most Holy (illegible abbreviation).  I order that they be paid from my estate.

I name my husband Cayetano Pacheco as my executor to comply with and pay this, my last will and testament and that which is contained therein, in order that he may receive and collect them after my death within the time prescribed by law, which, if more time is needed I extend.  After this, my last will has been fulfilled and paid, my daughter shall inherit the rest of my estate which may remain and may she enjoy it with God’s blessing and with mine.  I herewith revoke and annul any other testaments, wills, powers of attorney and other codicils I may have made and executed before this, in order that none may be valid or credited except the present which I desire shall be valid, complied with, executed and kept as my last, final, and free will.  In testimony whereof, I so executed in this place of San Jose de Chama in the home of the home of the grantor on the 2nd day of the month of October, in the year one thousand, seven hundred sixty five.

In order to give it greater validity, she asked and requested me, don Manuel Garcia Pareja, the Alcalde Mayor and Captain of War of la Villa Nueva de Santa Cruz de la Cañada, to interpose my authority and judicial sanction.  And I said Alcalde Mayor, say that I am present at the execution of this instrument, as I am, and I interpose my said authority, insofar as it is conferred upon me by law.  I attest that I know the grantor and I likewise certify that she is in her whole and sound mind.  Because she did not know how to sign, I, said Alcalde Mayor, signed it with my assistants as witnesses because there is no notary within the limits prescribed by law, and it is on the present paper without prejudice to the royal estate because the sealed paper is not current here.  Done on this said day, month and year, to all of which I attest. 
            Manuel Garcia Pareja (Rubric)
            Jues Receptor (Receiving Judge)

Joseph Vigil (Rubric)
Joseph Trujillo (Rubric)

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1057, Reel 5, Frame 1318-1326
©Patricia Sanchez Rau

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