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