Villa of Santa Fe on the 31st of March 1783. In consideration of the proceeding document,
made by the alcalde mayor, which he
expressed in it, is noted that by lack of instruction and practice, many of the
formalities which cannot be omitted, on the said document, for valuation,
inventory, distribution and division of goods, which he wants to indicate those
left by death, inventoried by Sergeant Jose Duran y Chaves, in that several
classes of heirs are interested for reason of the two marriages, which he contracted. Moreover it is conducive in judicial order,
that I, the Cavalry Colonel don Juan
Bautista de Anza, political and Army Governor of this Province of NM, ought to
declare and I do declare, as null and so value, the said mentioned
document. In regard to its virtue, it
has been acted and practiced upon all the particulars referred to in whose
proceeding will be notified and let be known, to the aforesaid Alcalde Mayor,
to the number of heirs comprised in this subject advising them to be with what
necessarily will be determined, so much to know as well as to received, more or
less, the corresponding results and posterior to it will practice in
continuation of this decree, to endeavor to bind to the following points.
First: He must proceed to make a new inventory of all
furniture goods and real estate and things which can belong to the said
deceased, in whose manifestation, his widow ill do. He must proceed to have it executed under
oath protesting the legality under which he first obliged her.
Second: Immediate
action of inventory, valuation with two persons, also under oath, of wisdom and
conscience, well knows disinterested and impartial, to the inventoried in
prices of the country of all the existing goods including the cost of funeral
and to order to have them check with their respective receipts with which
taking it as conclusive, the adding of which will be the sum of all the wealth.
Third:
Verifying with the aforesaid, he will notify by authority, the widow and
the heirs of the first marriage, within the necessary term, to prove their
documents or in lack of those, by information.
That paternal or patrimonial goods, or goods acquired by industry or
dowry, which both women brought to the marriage, as well as those which the
deceased had at the time at each one of the expressed marriages, in conjunction
with the lucrative goods, which were verified in the same, although they might
be more or less; and have again signed all that is ordered, he will remit the
original in order to have the required conformity with which it should proceed
to the distribution and division of the goods.
Thus, I decreed and decided along with undersigned witnesses of my
assistance, in lack of a Royal or Public Scribe, for not having any in this
entire Kingdom, of which I give faith. Juan Bautista de Anza, (rubric) wit/ Franco
Perez Serrano and Vicente Troncoso
References: Spanish Archives of New Mexico, Series, I, Reel 2, Frames 316-352, Twitchell #250
©Henrietta M. Christmas
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