Jose Garcia ~ Will 1754

I, Joseph Garcia, resident of this villa, legitimate son of Manuel Garcia and Maria de la Estrella, residents and natives of San Juan del Rio, being sick, make this testament.

I declare that I have been married first to Manuela de Guadalupe y Mendoza and that during our marriage we did not have any children.  She died twenty years after our marriage.  In my second nuptials, I married Thomasa Romero and during this marriage we had seven children:  Maria, deceased; Jose Antonio, deceased; Ysabel, deceased; Nicolas Antonio; Maria Josefa; Antonio Jose; and Juan Antonio, these four living are under my authority and I declare them as my legitimate children.

I declare as my property a house next to the guardhouse, which is composed of seven rooms, besides a lot suitable for building which adjoins the house on the north side of which house I order that one-half be given to my wife, Thomasa Romero and the other half partitioned equally among my four children.

I declare that I have a large kettle; two yoke of oxen equipped; a new cart and two plows with points.

I declare I have three chests one Michoacán and two Mexican.

I declare as my property a cow and calf which I order to be partitioned in equal parts among my wife and children.

I declare I have some land at the edge of the public road that goes to Alamo, measuring from east to west 525 varas and from north to south 211 varas.  They are bounded on the east by lands of Agustin Lovato; on the west by the said road that leads to Alamo; on the north by lands of Xavier Angel; and on the south by lands of Juan Manuel Varela.  I order them apportioned – one half to my wife and the other half shall be divided in equal parts among my four children.

I declare I have large pictures; one of the Crucified Lord, one of ____ and one of Our Lord in the wilderness, I order that all be given to my wife.

I declare that all the written instruments regarding the house, as well as the land are in my possession.

I declare I have as my property 117 pesos in possession of the Señor Governor of this kingdom, don Thomas Velez Capuchin, for work that I did for the soldiers.

I declare that I have had accounts with don Juan Baptista Duran and regarding the ___ still belongs to him, I have made known to my wife which ___ he shall early to __ so that she may deliver it to him.

I declare the aforesaid don Juan owes the estate of don Thomas de Alviar three patio blankets.

I declare as my property a Queretaro cloth cloak for my sons.

I declare I have an old hoe.

I declare as my property some scissors and an iron.

It is my desire to give to the mandatory legacies, four pesos each. 

I appoint as my executors of my estate first my wife, Thomasa Romero and second my brother Felipe Romero and third my brother Salvador Romero.

I signed this at the villa of Santa Fe, on the 9^th of March 1754.  Nicolas Garcia, Judge, Jose Garcia, Francisco Guerrero, Jose Maldonado.

Other documents:

I declare that for the purpose which I have mentioned the sum which must be separated from my estate for this purpose is not specified in the clause, the amount is 75 pesos for my labor as a soldier. Signed Nicolas Ortiz, Francisco Guerrero, Toribio Ortiz.

I, Phelipe Romero, resident of the villa of Santa Cruz de la Cañada, as the executor appointed in the testament of Jose Garcia, who left some property and some minor children, in order that it may clearly, distinctly and truly be known, it is necessary to value and inventory the divisions and partitions, for self-protection and for the security of said minors and also because the widow has celebrated second nuptials.  Signed Phelipe Romero (rubric)

Appraisers appointed were Francisco Guerrero and Jose Armijo, by Nicolas Ortiz

Appraisal done April 18, 1754, items belonging to the deceased.

A house which is composed of seven rooms, 400 pesos.

A house lot adjoining it, 30 pesos.

A large kettle, 15 pesos.

Two yoke of oxen, equipped, 100 pesos.

A new cart, 30 pesos.

Two plows with points, 10 pesos.

Three chests, one Michoacán and two Mexican, 20 pesos.

A cow with calf, 25 pesos.

Some agricultural land consisting of 525 varas in length and 211 varas in width, 211 pesos.

Three pictures of different images, 6 pesos.

117 pesos for work as a soldier, 117 pesos.

A new Querétaro cloth cloak, 30 pesos.

An old hoe, 3 pesos.

A large pair of tailor’s scissors, 12 pesos.

An iron, 3 pesos.

Total of 1,102 pesos.

Signed the 19^th April 1754, verified by Nicolas Ortiz, Jose de la Peña an Juan Antonio Ortiz

Notification-

On this same day, month and year, we find the amount in real estate was 641 pesos.

The personal property amounted to 371 pesos.

The amount to be apportioned among the four minor children and their mother, 1,012 pesos.

Signed, Nicolas Ortiz, Jose Maldonado, Juan Antonio Ortiz

In the villa of Santa Fe on the 20^th of April 1754, I the Alcalde Mayor and Judge of the inventory having seen and examined the notes and receipts presented by the executors in conformity of the decree, the following items have been expended:

75 pesos for defraying of funeral expenses,

25 pesos, for church dues,

30 pesos spent in provisions for the minors,

12 pesos for the mandatory legacies,

50 pesos for a yoke of oxen which was owed a youth who served said deceased

25 pesos, for an ox which the said Administrator declared for work.

The expense of funeral, internment, Masses and the rent amount to 217 pesos which must be drawn from the bulk of the estate.  Nicolas Ortiz, Jose Maldonaldo, Juan Antonio Ortiz.

References:  Spanish Archives of New Mexico, Series I, Roll 2, Twitchell 355, Frames 935-946.

©Henrietta M. Christmas