Mateo Mestas ~ 1764 Will

I, Mateo Mestas, a legitimate son of Juan de Mestas and Casilda Lopez, residents of this jurisdiction of the villa of Santa Cruz de la Cañada, being sick in bed, I order and direct this testament and last will.

I, he said Reverend Father, acting according to the will of the Testator, name as executors and keepers of the property first, Ignacio Mestas, second, Bartholo Mestas, children of said Testator; they shall comply with this last will.

The said Reverend Father, declared that the said Testator, stated, that he had been married two times, according to the mandates of Our Holy Mother Church.  First, with Raphaela Cortes, from which marriage they had six children, four are living and two are dead.  They are:  Juan Mestas, Casilda, Juana and Bartholo.  The two dead are Cristobal and Francisca.  The second wife was Maria Antonia Sandoval, from which marriage we did not have any children; wherefore, I declare as my legitimate children, those form the first marriage.

I declare, that whatever property we have, it was obtained through the work of my wife Raphaela and of me.

I declare, that the part of my property which belonged to my deceased wife, I have divided the same among my children, as I will appear from the partition made the Father, who was acting for the deceased.

I declare that my wife left under my care two calves which are here.

I declare that our house belonged to my wife, Maria Antonia Sandoval; said house consists of four rooms with the little furniture belonging thereto.

I declare that I have one house adjoining this one, which consists of one hall and two rooms, which I bought from my son, Ignacio, with one cow.

One parcel of land consisting of two hundred and first varas, more or less.

Four mares, three one year old mules, one black horse.

Thirteen cows, one calf.

Five oxen.

One riding saddle with iron stirrups, one bridle.

Two hoes, one axe, one boring bit, one adze, one plow share, nine sickles.

One comal of iron, two kettles, one iron axe, two kettles, one small caldron, one pair of spurs, one hoe, one plane and one branding iron.

I declare this to be my last will with my children heirs; I leave to Maria Antonia Sandoval, my second wife, the house and furniture belonging with it.

I request the said alcalde mayor, Joseph Esquivel, to authorize it, by interposing this judicial decree.

I, he said Lt. Alcalde Mayor certify that I know the Testator herein, and that he is perfectly sound in mind.  And that I interposed my judicial decree, at said villa of Santa Cruz de la Cañada, October 6, 1764.  Acting with the witnesses of my assistance in the absence of a public or royal scribe, there being none in this Kingdom.  And that it may so appear I signed with the witnesses.

To all of which I certify.  Joseph Esquibel, (rubric); Assisting witnesses: Juan Luis Cano Saens, (rubric); at the request of Pedro de Oliva, Luis Cano Saenz, (rubric)

Endorsement, testament in favor of the heirs of Bartholo Mestas year of 1764

References:  Spanish Archives of New Mexico, Series I, Twitchell #564

©Henrietta M. Christmas