Alonso Rael Aguilar ~ 1745 Will

I, Alphonzo Rael de Aguilar, being sick from an accident in which God was pleased to give me, being in full possession of my intellectual faculties and natural understanding, hereby give my will and last testament.

           

I declare that I am a native of this Kingdom of NM, and a resident of this villa of Santa Fe, where I have lived for about 40 years.

           

I declare that I was married, with the nuptial benediction according to the order of Holy Mother church to Tomasa Montoya, who was my legitimate wife for 10 years.  During that time we had 7 legitimate children:  Alphonso Rael de Aguilar; Josepha; Francisco; Manuela; Feliciana; Margarita; who died at the age of 5 years and Julian; Lorenzo, whom I declare as my legitimate children from my first marriage. 

On account of death the said Tomasa Montoia, I was married the second time with doña Melchora de Sandoval, according the mandate and order of our Holy Mother and the Holy Council of Trent.  During that marriage we have lived happily for 18 years.  During that time we had two children which are:  Tomas Rael de Aguilar and Joseph, whom I declare to be my legitimate heirs as is also my wife doña Melchora de Sandoval Martinez, whom I leave in first place as executrix and in second Captain don Antonio de Ulivarri and third Gregorio Garduño, all resident of this villa. 

             

I declare the house where I live, one large hall and seven rooms.  The furniture thereof belongs to my wife.

I declare that the land which I bought from Juliana Saiz belongs to my wife.  The balance of the land shall be partitioned between my said wife and all my children equally. I leave as my property one house, which lies next to the church, which consists of 6 rooms including the hall and one parcel of agricultural land.  I order it be partitioned between my heirs.

I declare, 350 head of breeding sheep and goats, it being understood that the 200 sheep belong to my wife, and the others shall be partitioned among all my children.  I declare, 68 withers, which I leave for the use of my house.

I declare eight rams and three young goats.

I declare that I have 250 head of sheep and 20 goats belonging to Captain Juan Bejil, also four rams.

I declare, 7 tame oxen, one is a bull.  Also four bulls, of these I leave my wife two yoke of oxen which she might select – the others to be divided amongst the children. 

I declare six cows, two of which I owe. 

I declare two “he” mules and five horses and one mare.

I declare one stock saddle, one arquebus and one sheath, one small sword, spurs with silver buckles, bridle, saddle pads and shield.  Of this property I leave to my son Joseph the spurs with silver buckles and one silver scabbard of a sword and my other property I leave to my son Juan, on account of the good care he has taken of me.  And the kitchen utensils, saddle and arquebus which are no in possession of my son Julian, he shall deliver to my son Alonzo; also the large bench; and to my son Joseph, I leave an arquebus without the sheath. 

I declare that I have 22 buffalo hides and eight white tanned buffalo hides. 

I declare that I have 10 fanegas of piñon.  I order the same to be sold and the product thereof shall be given to my family which I have in my house.I declare that I have one cloak, one coat, trousers, and one hat, which I leave to my son, Julian.  I also leave to my said son, the cloak, the coat and the trousers which I use.  To my son Alonso, I leave one piece of cloth for trousers and some old trousers that I use made of woolen cloth. 

I have made known to all my children, their cattle which are in good health; so that they know which belongs to each one of them.  They do not have to ask for them now or at any other time. 

I declare that Bartolo Gonzales owes me one piece of narrow fine linen, some satin sleeves with lining and buttons and one pair of men’s shoes. I order that the same be recovered. 

I declare that Joseph Romero, son of Baltazar Romero woes me ten breeding sheep, I order that the same be recovered.

I declare that Miguel Sanchez owes me two ewes. I order they be recovered. 

I declare that Gregorio Jaramillo owes me five young ewes. I order they be recovered. 

I declare that Juan Miguel Alvares de Castillo owes me 11 ewes, one sheep, and I owe him one scrub horse.  I order that it be paid to him and to collect from him.

I declare that Gregorio Garduño owes me three varas of satin for a coat and trimmings, to be recovered.

I declare that Felix Sanchez owes one tame “he” mule, to be recovered.  I declare Juan de Arguello, owes me one fanega of wheat.  To be recovered. I declare Diego Basque Borrego owes me 80 dollars and two mules with the hire of seven years – to be recovered.

I declare that Juan Francisco Muños owes me one mule. 

I declare that Salvador Laureno owes me 11 dollars.

I declare that the soldier Juan Trujillo owes me one cow calf. 

I declare that Leonardo Gonzales owes me one cow with calf 

I declare that Juan Antonio Flores owes me 17 dollars  

I declare that I owe doña Maria Roybal one steer, and one calf one year old and one horse. 

I declare that I owe don Joseph Moreno one mule. 

I declare that I owe to Antonio de Sandoval a small balance which is known to him, also one lame mule. 

I declare that I owe to don Manuel Saenz 6 buckskins. 

I declare that I owe Juan Bejil two buffalo hides 

I declare that I owe to don Joseph Romo 17 withers and one peso and he owes me the price of roofing the out-house and cleaning it.   

I declare that Marcos de Apodaca owes to two dollars.  

I declare and order my executors that if God should be please to take me hence, that they order one hundred low masses to be said for my soul; also one novena of low masses for the mediation of the blessed souls of purgatory.... 

May 20 1745, Antonio de Ulivarri, special judge 

Alfonso Rael de Aguilar 

References:  Spanish Archives of New Mexico, Series I, Roll 1, Twitchell 31.
©Henrietta M. Christmas

Tomasa Benavides ~ 1762 Estate

Inventory of Tomasa Benavides, division of the property left between Juana Benavides and Manuela Urioste, daughter-in-law of the deceased, Tomasa. 

            In Santa Fe on the 4th May 1762, Tomasa Benavides, widow of Francisco Valdes, died on the 29^th of last month.  Parties present and having some charge were:  Francisca, wife of don Francisco Gabiel Fragoso; Manuela, widow of Alejandro Valdez, Maria Antonia, married to Ysidro Rosenes; Maria Rosa wife of Joseph Baca. All these being reared and supported by the deceased as her own daughters.

Property:  first the home, two story building, consisting of four rooms, two up and two down, a small piece of land adjoining. 

Francisca said a chest key was in her possession, a woolen underskirt, one serge petticoat, one jug and two flasks of brandy, one pair of fine pearl earrings; one linen shirt; along with a sackcloth mattress, one bed sheet and blankets.

Also:  one crucifix, one holy picture of San Francisco de Xavier.

One white flour sifter

Three small mended copper kettles

One tin pan and one metate

One wood carrier burro

One mule and one horse

Two bottles and one small flask

           

Signed Manuel Gallego and Francisco Guerrero (rubrics)

           

As for information o the heirs or heirs of the deceased.  That during her married life, they reared three children, two girls, one of which died in infancy, the other also died, a maiden, 15 years.  Alejandro Valdes, who married Manuela de Urioste, and was married for 13 years, the said widow, being asked if she had reared any children, she did not, but since she was married should be considered.  Half the house was given to Manuela Urioste, the widow of Alejandro. 

References:  Spanish Archives of New Mexico, Series I, Roll 1, Twitchell #104, Frames 776-788.

©Henrietta M. Christmas

Barbara Baca ~ Inheritance rights 1800

Proceedings in the suit over the estate of Teodora Ortiz, mother-in-law of the plaintiff.

Seal - Valid for the years of 1796 and 1797.

Señor Governor,

I, Maria Barbara Baca, appear before Your Excellency in the best manner possible according to law, and state that I was married to Jose Pablo Rael, legitimate son of Don Nicolas Rael and doña Teodora Ortis and that during our marriage we had two children, Juana Maria and Nicolas. The only heirs of their deceased father.  The aforesaid Nicolas, outlived his father by  7 ½ months, and since he was my son, I consider myself the heir of my son and my husband to whatever was left from the funeral expenses and legacies in the testament of doña Teodora Ortis, may she rest in peace, who was unable to make any bequests except for the good of her soul; and I claim all the rest as the heir of my son who was heir of his father, Pablo Rael.

The property contained in the testament is first, 28 breeding cows on shares to the alcalde don Cleto de Miera; one house and some lands in this villa; one kettle, two chests, one griddle and several insignificant things such as mattresses, blankets, etc.

The administrators were don Gaspar Ortis and his brother Tomas Ortis, and the testament is written in the hand of don Jose Campo Redondo, authorized by the alcalde of First Vote, don Jose Miguel de la Peña.  The house and lands, the testament states, are bequeathed to her brother, don Jose Ortis, in appreciation of the good care he took of her while she was with him.  To this I do not agree, because I am the heir to the said house and the deceased did not consider the right that I had as the heir and the ignored the complied laws of the Indies which state that children can inherit from their parents and parents from their children, upon which I base my claim to the decision that Your Excellency may be able to give in my favor.

With due submission, I ask Your Excellency to attend me in justice.  I swear in due form that it is not in malice; and whatever necessary, etc.

Maria Barbara Baca (rubric)

December 5, 1800; Don Gaspar Ortis did turn over some items to Barbara Baca.  Six head of cattle, a trunk, one kettle, one chest and a branding iron. 

*She married Jose Pablo Rael in 1777 in Santa Fe, they had two children, one died as a baby and the other Nicolas, the son died right after his father in December 1780.  

References:  Spanish Archives of New Mexico, Series I, Roll 1, Twitchell #124, Frames 883-893

©Henrietta M. Christmas

Diego Vasquez Borrego ~ 1753 Will

I, Diego Vasquez Borrego, finding myself ill, citizen of the Rio Abajo, make this last memorandum. 

First I declare as my goods 500 head of breeding sheep, 100 goats; which are in different possessions of people in the Rio Abajo.

I also declare as my properties, two horses, one gun and its case, also two bridles, one yoke of oxen, seven pairs of straps, one new card and four log chains.

One ranch between San Felipe and Jemez; as one of the settlers a grant of lands which the King gave me in the locality of Belen.

Two axes.

Three hoes.

I declare to have paid to the half breed Indians of Belen, 17,750 adobes and some vigas.

I declare that although I have delivered to Salvador Martinez the amount of 300 pesos which he demanded of me, and I delivered at the order of the Royal Court, I assert that I do not owe him one real.

That Felipe Tafoya shall continue to tend the counting of my properties because of the great satisfaction I have in him. For this reason I name him and leave him as my executor and guardian of properties and from there let him pay my funeral masses and all the rest of my funeral expenses.

I declare I owe three masses, let them be paid.

I declare that I owe one heifer, I order it paid.

I declare that I have two boys whom I acknowledge as my sons, and these have looked after my sheep and have put them in the state in which I leave them.

I also declare the estate of the late Barrera owes me a yoke of oxen and a horse and eight calves, I ask they be collected.

Signed May 5, 1753, Fray Tomas Murciano de la Cruz, wit/ Antonio Armenta and Jose Maldonado, Francisco Guerrero.

In Santa Fe, May 7, 1753, Felipe Tafoya is questioned.  He stated that he knew that Diego Vasquez Borrego was married in a first marriage, but could not remember the name; the second marriage she was named Rosa de Altamirano and during the first marriage he had raised one son named Manuel Borrego and by the other, Rosa de Altamirano two sons, the one now deceased and the other one who is living is named Juan Diego Borrego – who is now of age.

Presented as a witness, Antonio Armenta, on said day, month and year.  A friend of the deceased knew that he had been married twice, although he did not mention the name of the first wife, he did mention the second, which is Rosa de Altamirano who still lives.  During both marriages, he had for his legitimate sons: in the first Manuel Borrego, now a citizen of El Paso and in the second, two sons on names Augustin Borrego who died in the city of Mexico and the other who lives in Toluca.  I declare that I am 54 years of age.  Signed Nicolas de Ortiz and Antonio Armenta.

References:  Spanish Archives of New Mexico, Series 1, Twitchell 98, Roll 1, Frames 745-760

©Henrietta M. Christmas

Salvador Armijo ~ 1803 Estate

I, don Pedro Bautista Pino, Justice of the Peace of said villa, have been asked to review and determine the division of property found in the enclosed account pertaining to Salvador Armijo.  He was killed by the enemy, the Apaches; also learning that the said Armijo was partisan of two minors and guardian of two others.  September 22, 1803, Pedro Bautista Pino

I the Alcalde, have summoned before me don Miguel Baca, and asked him if he knew Salvador Armijo and if he knows where he died and who had taken charge of his property.  He said he knew Salvador Armijo and that he was killed by the enemy, the Apaches, in the Mesa of La Cieneguilla, jurisdiction of this villa whose body was found by him and his brother Luis Maria Baca, and he took charge of the property of the said deceased by order.  Asked about the debts, he said that he was indebted to the minors of Bernardo Baca, and that he has also heard that he was indebted to his minor brothers of whom he was their guardian and administrator.  I have also heard that he is in debt to don Manuel de Arteaga; also of Luis Maria Baca, who is the guardian of the said minor Baca’s; also of his brother Jose Maria Baca and that this is all he knows.  Signed Jose Miguel Baca, Pedro Bautista Pino, Jose Campo Redondo (witness).

I order a collection of the property and the creditors summoned to meet at the dwelling house of Miguel Baca to show evidence of the debts against the estate of said deceased Armijo and that they may be paid accordingly.  Juan Bautista Pino

On September 24, before me don Luis Maria Baca presented himself, claiming as guardian and administrator of the minors of deceased Bernardo Baca, against the estate of the deceased Salvador Armijo, for the satisfaction due to the said minor Baca’s of 725 ewes and show in the instrument of bond, which is in the possession of don Miguel Quintana.  The debt being one 114 ewes, which is what he claims and signed, Pino, Baca, Campos Redondo.

On October 7^th, I, the Alcalde Mayor, having acknowledged all the debts as a general account, owed by said Salvador Armijo to said creditors with the exception of Jose Maria Baca, who had no written proof, and declared not to have it.  I have found the said debts to be 1,739 pesos; and concerning the principal in possession, there are 644 sheep, seven rams and 250 pesos and six reales in coin, derived from other property as shown by Miguel Baca, having exchanged all for sheep, they now have 1,171 head.  There were 688 sheep, 44 less, meanwhile they had losses and as acknowledged by the sheep herder, 478 sheep are lacking for the full payment of the original debt; all said the creditors lose about 30%.  J B Pino and J C Redondo

First come the minors of the deceased Bernardo Baca, don Luis Maria Baca, their guardian, receiving for them the following:

274 large ewes

77 lambs

99 small sheep

8 rams and four large ewes

50 ewes and 25 pesos in coin

508 total

Next come the brothers of said Armijo, who presented their tutelage of which making a total account now have 1,817 pesos – in products of the land and not finding anything for the payment of said sum as they themselves confessed, that when their brother Salvador Armijo received the estate of the Baca minors, their tutelage was greatly reduced.  Only 400 head of minor cattle remain in view of their confession I decided to pay them only 400 ewes as their apportionment, losing the 30% they received the following:

100 pesos, one hundred large ewes

100 pesos, a horse valued at such

40 pesos, two cows

25 pesos, one cow and calf

30 pesos, a bedspread

100 pesos, a promissory note granted to Juan Antonio Garcia, resident of la Cañada.

395 pesos total

The sum of 395 pesos, I delivered to said minors in payment of lands sold by their deceased brother in Rio Abajo, pertaining to the minors.  All that, which is noted down in this account pertaining to the said Armijo minors that I have placed in the hands of Mariano Torres, their brother-in-law, as guardian of said minors and administrators of their estate, until the time when they are able to manage it themselves. 

Then don Manuel de Arteaga who presented a document showing that the said deceased Salvador Armijo had 400 of his ewes on share and so I ordered they be given to him in apportionment, listing as the rest of the creditors 30%, thus 280 is his share. For this 240 is in coin taking for reales for each ewe, for which he declared himself perfectly satisfied.

Then follows Luis Maria Baca, who did not present any documents, but only said that he acknowledged in a deed pertaining to his sister-in-law Maria Josefa Quintana, and although he did not present any evidence, said debit is corroborated by Miguel Baca. That share being 81 sheep, in lieu of which he received 40 pesos and four reales. At the same time, Baltazar Montoya received for him, 114 ewes owed him by Armijo, and which he deducted from the account received by the said Baca and was given to the collector of titles don Bartolome Fernandez, this is to be divided.

Having concluded the partition of the estate of the deceased Salvador Armijo, the creditors all giving their receipts, which are included in this procedure, with the signature of Luis Maria Baca, and all the rest of the creditors, I close this matter.  Pedro Bautista Pino and Joe Campos Redondo.

Distribution of the estate of the deceased Salvador Armijo, of what was sold, and the residue as commissioned:

One pair woolen trousers, 6-3

Another old pair of trousers, 1

A piece of chamois skin for a child’s trousers 1-1

A pair of silver stirrup buckles, 1-1

A valise, 06

Two ropes, 04

A mule, 70

A burro, 02

A cartridge belt

133 sheep sold by Toribio Gonzales at a dollar each, 133

For the 22 sheep sold by me at a dollar each, 22

Two dollars from the products from ranch at Guchupangue, 2

Total production in coin, 252-6

Further:

393 large ewes, 393

Products of lambing season, 286

Total of block, 688

Back part of harness, a gun, a lance, pair of stirrups, pair of small silver bride buckles, one and a half pair of carding combs, an iron for shoeing horses, the sale of said iron, a saw.  The products of said ranch sold by don Miguel Quintana, a mule, a horse, two cows, a spread, 100 pesos in seeds, given on account, also a cow with calf. In this ranch is included a mill, sold for 20 pesos.

Moreover, Ramon Villanueva, a pair of silver bridle buckles, pertaining to this estate.

The estate owes for the fixing of a gun and lance as shown by receipt of the gunsmith.

I also find in this list, a serape and a wagon, which I have not received.

I, Mariano Torres, resident of Belen, declare that the Alcalde, don Pedro Bautista Pino as guardian and administrator of this estate, allotted by my brothers and sister-in-laws namely: Diego Armijo, Pedro Jose Antonio and Ana Maria, the amount of 100 large ewes, forty pesos in coin – for 80 ewes, three rams, all amounting to 280 head of minor cattle and is in the reduction of 100% of the estate in the hands of Salvador Armijo, who was the guardian of said minors. Also a mule, valued at 100 pesos, a horse at 100 pesos, two cows 40 pesos, cow and calf, 31 pesos; a bed spread at 30; and a note from Juan Antonio de Noriega for 395 pesos in products of the land, from the ranch sold at Guchupangue, pertaining to said minors.  October 11, 1803, at the request of Mariano Torres, Bartolome Sandoval signed.

References:  Spanish Archives of New Mexico, Series I, Twitchell #54, Roll 1, Frames: 429-439.

©Henrietta M. Christmas