January 20, 1736
Salvador Martinez a resident of Albuquerque of this government, as husband and allied person with Rosa Garcia, the legitimate daughter of Luis Garsia and Josefa Valverde, deceased, in the best possible way according to the law, reserving all rights. He presents himself before your Excellency and says: that my said mother-in-law died last year in ’35 on the 20th of January and did not leave a will or anything else, not having any kind person to advise her in time; and so it is, that when she contracted the aforesaid marriage to the said Luis Garsia, my father-in-law, neither one of them, brought or took any capital whatsoever. They were married in very poor circumstances as is well and publicly known. Afterwards, during their marriage, God deigned to give them some property which, on account of being community property, is divisible between both together; and in her absence, to her heirs, this being certain, without the least doubt, by virtue of which, when some days had passed after the death of the said deceased, I called my said father-in-law to account extra judicially and in a friendly manner, in order that, in consideration of the death of the aforesaid, and that my wife was her only general heiress because she had no other, he would deliver to me the maternal share which was her apportionment that is, the half of the property, which according to law belongs to the aforesaid, my wife, by reason of community property. My petition being so just, my said father-in-law has ignored the calling to account which I made concerning the subject and he absolutely refused to give me a thing, on frivolous pretexts, of no value, in order not to execute it. Because there is no reason or right whatever for him to keep that which falls to the share of and belongs to the aforesaid, my wife, I resort to Your Excellency justification, whom I humbly beseech to deign to summon the aid Luis Garcia to appear before you; and notifying him of this, my request, h shall then and there, immediately without delay or excuse of which he might desire to avail himself, deliver to me, as the husband of the said Rosa Garcia, all of the estate and effects, that my reason of being community property belonged to my deceased Señora and which existed at the time of her death, and with no consistence whatever he has mortgaged it, without giving me the allotted share. Such as horses, mules, cows, and ewes, of which my said wife was the only heir.
Another item, a little Indian girl that the said mother-in-law left my wife, “which a relative presented to her, this one does not belong to the estate of your father; this girl I leave to you, take care of her, so that she will serve you.” But she has not been delivered to us either.
In the villa of Santa Fe on the 30th of January 1736, having been examined by me – Colonel don Gervasio Cruzat y Gongora, Governor and Captain General of this kingdom of New Mexico, I deemed it presented according to law; and I was obliged to order and did order that a copy be given to Captain Luis Garsia, that he may answer. So decreed, ordered and signed with my assistants.
Don Gervasio Cruzat y Gongora, rubric
Wit/ Juan Antonio de Unanue, rubric and Gaspar Bitton, rubric.
Reference: Spanish Archives of New Mexico, Series, I, Twitchell 1221, Reel 6, Frames 743-744.
©Henrietta M. Christmas