Maria Getrudis Montoya ~ Will 1830

I, Maria Getrudis Montoya, resident of Agua Fria, find myself ill in bed and hereby make this final will.

I declare that I was married to Isidro Dominguez first and second to Paulin Carillo.  In the first marriage of nine years we had four children:  Maria de Los Angeles, Bernabel Antonio, Maria de la Niebes and Jose Maria, of which two died very young and two lived.

In the second nuptials, I was married for 28 years and we had three children who are:  Juan Esteban, Jose Julian and Juan Ignacio. I acknowledge as my legitimate children and heirs; which there are five.

I declare as my house of seven room and seven Castilian varas.

I declare five varas of land adjacent to the house, bound by the south the wagon road; north la Cienega road; west lands of the deceased Jose Domingo Montoya and east the lands of Ignacio Lopez.

I declare a piece of land composed of 20 varas which is in the same place.

I declare, one chest, three large earthen jars, three large earthen bows, three mattresses, two blankets, eight pictures, one wood, one home spun card, one well outfitted lathe, four chickens, one black sifter and three metates.

I owe father, St. Francis for the journal, I order it paid.

I declare that Juana Maria Montolla owes me a pair of thin stockings, I order them collected.

I wish to leave for my children, Jose Julian and Juan Ignacio, one mattress and one blanket to each one, four picture frames, and two earthen bowls for their benefit.

Declare that after my funeral expenses are paid, it is my wish that the rest of my estate be divided equally between my heirs.

I name as the executors and guardians of my will, my compadre, Ignacio Montolla and second, Ignacio Lopez, to whom I commend and execute this last will.  Dated at Santa Fe, February 8, 1830. 

Signed by Jose Ignacio Ortiz, rubric; witnesses:  Jose Ortiz and Juan Manuel Alarid.

©Henrietta M. Christmas

Antonio Sisneros ~ Will 1789

I, Antonio Sisneros, a resident of this place of La Soledad, in the town of San Antonio, being in, execute this will and testament as follows:

Declare that I was married to Ana Maria de Luna and we reared one daughter who died.

Declare that I married a second time to Juana Viviana Salazar and we reared six children Maria Manuela, Maria Victoria, Maria Teodora, Juan Agustin, deceased, Maria Barbara, deceased, and Juan Manuel, deceased.

Declare that I was married a third time to Maria Ana Trujillo, and we had two children, Bartolome Antonio and Felipe Neri, these last ones as well as the former I declare as my legitimate heirs.

I declare that my first wife did not bring any dowry to the matrimony, nor did the second wife.

My third wife brought a red skirt, already used, an old silk cape, an old box, which she still has and also a blanket.

I declare as my possessions, 23 mares of different ages, a stallion, five newly born colts, two little mules, six mules, four horses, a burro, a one-year old burrito, twenty-three cows of different ages, eight claves, six bulls, twenty-two oxen, three fattened, nine one-year old calves, forty-three steers on shares, these and with the rest make eight-six as per written deed.  I also have 460 ewes, twelve hogs and twenty-five goats.

Twenty-five buckskins, four pelts, four buffalo skins, three pack saddles, three carts, harness, five spades, three axes, six large hoes with short points, nine scythes, 27 serapes, a loom and two combs, three pair of smooth with two old, two sets of lathes, four barrels, two he-goats and two large ones, a branding iron, three benches, two tables, one large and the other small, four stools, three corrals, three corn racks, a bedstead, a box, two rifles, a gun, three revolvers, grain leather, two saddles with their knapsacks, wooden stirrups, various cushions, two pairs of spurs, one of them with silver buckles, three bridles, four hats with ribbon bands, used capes, ten pairs of trousers, one pair chamois skin, a sash, a pair of garters, a pair of woolen stockings, a silver cigar cane, a small amount of wool, eight flasks  - two them I loaned to Toribio and three bottles.

I declare to have a house of ten rooms, another of six rooms, and my dwelling house of ten rooms and one room outside; an orchard of 200 trees, small and large; two ranches, 124 varas and the other of 400 varas.  I have purchased in the meadow below here from Antonio Mestas, 450 varas of land. 

I declare to have loaned 162 pesos in cash and I have in the bottom of my trunk 300 pesos in silver.

I declare to have given to my three daughters by my second marriage, 119 trees which must be divided in equal parts, among the three sisters.  Moreover, to my daughter Maria Manuela, I have given a skirt, another serge skirt, a sash, a silk stockings, a silk handkerchief, a box from Michoacán, four mares, a colt, four cows, a calf, a yoke of oxen, a mule, a horse, twenty-five jugs, a saw, a house of three rooms and 80 varas of land, this I have delivered to her at the said time and I pledged myself to give the other two the equivalent in money, corresponding to them.  As guardian for the estate, and in good conscience, I realize I have given them more than their share.

I declare to have given my children, of my third marriage, to each one in particular, my weapons, saddles, except my gun and all my wearing apparel, and a young colt to each of them, the orchard with its 61 trees on the north side.

I declare to leave to my wife, a six-room house.  I leave her all the house furnishings, also some trees adjoining the house, on the north side consisting of 19 trees, which she planted herself.  Also, 60 varas of land on the north side; bounded on the north by lands of Juan Ignacio Martin to half the land and from there down, with lands of Maria Antonia Martin; south with my lands.  Also six cows, two yokes of oxen, a mare, a cart, 25 sheep and ten goats.

I declare that I owe no one anything. 

I name as my administrators first my brother, Policarpio Sisneros and second Meregildo Sisneros. 

Incomplete at this point.  (Antonio Sisneros died September 25, 1789 at San Juan de los Caballeros).

*Article published in the New Mexico Genealogist in 2013 about this family with co-author Patricia S. Rau.

References:  Spanish Archives of New Mexico, Series I, Twitchell 182, Reel 1, Frames 1298-1301.

©Henrietta M. Christmas

Pedro Martin estate and Manuela Sisneros Dowry

In the locality of Abiquiu, on August 12, 1806, I, the alcalde mayor went to the dwelling house of the deceased Pedro Martin, having been summoned by his wife, Maria Manuela Sisneros, for the apportionment of her estate, of the appurtenances of her children, as she had been married a second time to a soldier of the presidio in Santa Fe.  Her second husband being Miguel Tenorio and having arrived at the dwelling house, I ordered her to present all the instruments of the hijuela, receipts of her deceased husband.  Having examined all the papers delivered by the administrator, Emerejildo Sisneros, the receipt of the said, her late husband, of the estate left by her deceased father, don Antonio Sisneros, which is as follows:

Four cows with calves, eight other cows, two bulls, a yoke of oxen, four untamed mares; one horse, one mule, 75 ewes, one chamois skin, one small piece of cloth, two white buckskins, another thick one, one axe, one hoe, a plow with its iron point; four serapes, two earthen jars, a small barrel, a bench, a bedstead, two silver pesos; 18 pesos from a burros, 25 pounds of wool; three pesos from a packsaddle, part of a house; a pair of leather straps, a pig; forty varas from a corral, two posts from a tapeste (shack).  From the house, I received 20 vigas and four from the porch, two doors, and two dollars from a bottle.  I also delivered from said tutelage, 80 varas of land in La Vega, where I measured 1,525 varas, which I divided giving the said Miguel Tenorio, from his wife’s part, 762 ½ varas and the other 760 ½, I divided amongst the four heirs, each one receiving 180 ½ varas, as giving Juan Manuel, who was the first, a surplus of land, measuring 50 varas, as his share was in the narrowest part of the land; next came the watering place, which I left free for the benefit of the four heirs and their mother.  Division of many parts of the land continues on.

Continuing on with division are 14 cows which I delivered to Miguel Tenorio, the share from his wife, and seven to the heirs, giving three heads to each heir of the seven cows and five oxen.  All animals being divided between the heirs and the wife; the heirs are Juan Manuela, Viviana, Santiago and Juan Cristobal.

The house I counted 88 vigas, I gave her 44 and receiving eleven in the house and the porch and the hallway, I counted 37 vigas, and I gave the widow 18 ½ vigas.

When she (Manuela) married she brought as a dowry a cow and a calf, a horse, 50 ewes, and for a replacement as tutelage, I gave them two burros and 34 pesos, 3 reales and a cuartilla.   Their father brought to the marriage, a hoe, plus four more; a leather saddle with embroidered draperies valued at 20 pesos, this I gave the widow, leaving the children the equivalent in pesos.  From the clothing of their deceased father, I gave the two minors 10 pesos each, and to Juan Manuel a cloak lined and already used; Viviana a Michoacán box valued at 10 pesos and two handles with two copper kettles; I gave the widow a handle and a kettle, and a handle and kettle to the heirs; a large copper kettle, I gave the widow and to the heirs, an adze, chisel, to be divided equally.  The widow was also given a bench.  I also apportioned four carts and four plows with old iron points.  The religious pictures painted on wood, of these (8) I divided equally to the widow four and the children four.  The silver coins amounting to 56 pesos, divided in half also.  Of the 41 sheep, each one will receive five and widow 20 ½.  I also gave the widow a burro.  I also divided 343 pesos in currency and they owe the work of five men for digging the grave of don Pedro Martin; Manuela receiving 171 pesos and four reales and the children the other half.

Signed Manuel Garcia de la Mora (rubric).  Witnesses:  Jose Anastacio Hernandez and Juan de Jesus Lucero.

On August 14, 1806.  The ranch of La Isla was allotted half to the widow and the other half to the heirs; the land of El Llano is left for the benefit of the two Indian women, half for each.  Signed Manuel Garcia (rubric)

I, Miguel Tenorio, soldier of the royal presidio, received the tutelage pertaining to my wife, Maria Manuela Sisneros, of the chattels, land and house that she brought from the possessions of her deceased father when she was married the first time; and I also received half of the increases as much in houses, lands and in chattels.  Signed Miguel Tenorio, grantor

All the children sign and attest to what they received separately – Juan Manuel Martin, Viviana Martin, Antonio Martin for the shares of the minors, Santiago and Juan Cristobal.

References:  Spanish Archives of New Mexico, Series I, Twitchell 612, Reel 3, Frames 1560-1572

©Henrietta M. Christmas

Miguel Mirabal ~ Inheritance of Lands, cont'd

Domingo Labadie, a resident of Rio Arriba, with all due respect.  That since forty years ago, I gave Cristobal Salazar, 300 ewes on partido, and for the term of five years, and at the end of the five years he was deliver 600 ewes, when the time had expired.  I demanded the delivery of said ewes and found that the said party had lost all the ewes, therefore, to satisfy payment of the value of the same, he gave me a tract of land and a small adobe house, as described in the said document, that I hereby present, and which was made in the year ’96. Will for the reason that the said Salazar asked me for an extension of time, hoping that he might have a change in his fortune; and try and replace the ewes, and in the meantime the said land he recognized as my property, and have the use of the same. And he having died without making me a deed, I went to his , Nicolas Salazar, and he gave us the said deed, in considering the same as my property, I sold the same to who Julian Vigil. He has lately stated to me that Santiago Padilla wants to take the land from him under the pretext of the appearance of a testament of his great-grandmother and specifies the said lands, and that if I do not deliver possession of the same that he would take away from me a tract of land that I own in Rio Arriba. It appears to me that such a long time having been elapsed, that the heirs have lost all right to the said land.

Therefore I asked that the aforesaid Santiago Padilla, take the matter up with Nicolas Salazar, and that I’d be exonerated from answering the said allegations. I humbly ask a petition that you approve of my petition and according to your will in this matter. Domingo Labadie

Santa Fe, November 13, 1808

The Alcalde of the jurisdiction in which the said parties lived informed me of this matter and it being the case that and according to the testament to which he refers, he may have some right, the said Santiago Padilla, to the lands that have been sold by Cristobal Salazar. Therefore I order that the money be valued at what the applicant paid for the land is refunded to him. Manriquez

Alameda, May 14, 1810 he was asked regarding the clause in the testament, made since the year 1741, in which said testament, the declaration is made that the tract of Alameda, be divided into three parts, the first to Catalina, the second to Antonia, from the boundary of Catalina, the third to Prudencia, in which I know of having been divided as ordered by the will and the only doubt is – how the Garcia’s acquired the land of Prudencia, and they state, that the land was bought from their sister and that the documents were burned. Upon more examination I have sworn, first don Juan José Santillanes, who has answered, that since the year, 75, that he entered the area of Alameda, he knows that the said Garcia’s have been in possession of the said land of Prudencia, that in conversation one night with the Viviana Martinez, he stated to me that Catalina had bought from her sister the land, but did not know whether it was true or not he knows that since the year – 75, the Garcia’s have been in possession of the said land; that he does not know any more in the matter. José Garcia de la Mora, judge

On the same day, month and year, I ordered the appearance of Doña Viviana Martinez, she was sworn in and promised to state the truth, upon being asked if she knew how the Garcia’s had been in possession of the said land of Prudencia Gonzales for so many years; she answered that she knew that the same was bought by his sister Catalina Gonzales; and that she had deeded it to his children, and that she further knew that her father Andres Martinez, bought the portion of Antonia Gonzalez as shown by indenture made in favor of Santiago Garcia do Noriega which was segregated from the said tract. That she had just heard that the original papers were burned, that she does not know whether it is true or not, but that she knows that the daughter of Antonia and that the children of Prudencia, went astray for the reason of their mother having sold the land that she inherited from her father don Juan Gonzalez. The witness acknowledges being 80 years old more or less upon the reading of her testimony in declaration, one, two and three times it was so ratified.  Jose Garcia de la Mora, judge, Felis Pino, X and Jose Gutierres.

I ordered the appearance of Facundo Gonzales, a resident of Corrales, and was duly sworn in to tell the truth. Asked if he knew how the Garcia’s have had possession of the land for so many years; and he answered, that they had possession of them from their aunt, Antonia Gonzalez, who inherited the portion of the land that was in the possession of the Garcia’s, that she never lived upon the same, but that she did live at Corrales upon a tract of land that my father had given her, and that when she offered to sell the same, her father took the same away, and she was left without any land. And for that reason her husband, Juan Tafoya, sold the land to Andres Martinez, he stated, that it is the truth and he acknowledged he was 88 years old and not being able to write I signed for him.  Jose Garcia de la Mora, judge

On the same, day month and year, I had Manual Gonzales, appear before me, and upon oath he promised to tell the truth. Upon being asked as to what he knew in reference to the papers that were burnt, he stated that the deceased Tomas Chavez had told him, that a box containing clothing in which the indenture to the land made by Luis Garcia, who is the husband of his wife, that the said tract was of Antonia Gonzalez. He further stated that he was present at the house of José Gonzales, deceased, when Juan Tafoya appeared and asked the executor Juan Gonzalez, he did not own any land of the said tract, and he answered him, that he did not, for the reason that Antonia Gonzalez had sold the same to Andres Martinez; and that Andres Martinez had paid the said land to Toribio Ortiz for a partido of sheep, that he had from him and lost. That they had their land Santa Clara and to this he certified. He states being the age of 53 years more or less and did not sign for the reason of not being able to write.  Jose Garcia de la Mora, judge; Felis Pino, X; Jose Gutierrez

On May 15, 1810 will in compliance of the decree of the Lieut. Gov. and Gov. made on 19 November 1808 which he states, that if the testament, referred to by the applicant, shows that the said Santiago Padilla is any equity in the lands sold by Cristobal Salazar, that he be given what he is entitled to, or the amount that was paid for them. I, don José Garcia de la Mora, having done so and in compliance and am of the opinion that all of the investigations that have been conducted, that the said Santiago Padilla or Mirabal have any right, nor either Pedro Mestas, who must refund the amount that they unjustly received. That the legitimate owners of the land in litigation, are in possession of the lands of their property and in order not to annul the divisions made by the justices that were at that time were empowered with authority, during the time that there great-grandfathers and grandfathers of the said great-grandchildren were living in who today have attempted to take possession of land to which they have no legal right. For all of which they must refund the money to the parties, from whom they had received the same.

Therefore I ask of the said Alcalde and in order to prevent lawsuits and unjust appeals, that are stated on falsehoods, and which was the reason of the starting of the suit, when the documents were burned and as shown by the evidence taken, which I submit in order to prevent costs to the litigation. I hereby authorize and sign with witnesses. To which I certify. José Garcia de la Mora, judge; Felis Pino, X; Jose Gutierres

On the 16^th of May, I the Lt. Alcalde Mayor, don Felis Pino, have been at the investigations, and heard the thorough examination into the matter, proofs and submission – taken by Jose Garcia de la Mora, I should order and do order to the third great - grandchildren, Santiago Padia, nor Mirabal or Mestas, are bound to refund the amounts that on account of what has happened to the two indentures, which have been lost or destroyed by fire.  Their great-grand mothers had sold the land they had taken and on account of their falsehood and in the loss of their documents.  Signed Cleto Miera Pacheco; Felis Pino, X; Juan Antonio Chavez de Baca.

I, Facundo Gonzales, do hereby certify that it is true that my Aunt, Antonia Gonzales, had no land at Alameda for several reasons.  The first, that she never did live at Alameda, whey they left for Santa Clara, they were living at the house of relatives.  And my father, being advised of their situation, gave to my aunt, Antonia a parcel of land at Corrales on which to live, and when she attempted to sell it, he took it away from her.  The portion that she inherited was sold by my uncle, Juan Tafoya.  This is the truth and I give this declaration at the request of Mariano Montoya, on January 3, 1808.  Signed Antonio Jose Trujillo for Facundo Gonzales.

I, Alonzo Garcia, do hereby state, that I declare that the portion that was inherited by my aunt, Prudencia, of lands at Alameda, she sold to my father. For said reason we inherited them, we and those of Catarina Gonzales.

This being the truth, I give this declaration at the request of the legal heirs.  I made it known that if these parties had any land when they ran away from the Cañada of Santa Clara, why did they not claim the said land.  But instead, they were living here and there.  December 8, 1808, Alonzo Garcia de Noriega.

I, Antonio Tores, do hereby certify that it is true, that Bernardo Mirabal told me, that on several occasions that he went through Alameda, and that he cried drops of blood from his heart in seeing the misery that their grandparents left them, when they sold the land.  The inheritance that they had at Alameda; and leaving them living on borrowed property.  And this being the truth, I make this declaration upon the request of Mariano Montoya.  This January 6, 1808, at Albuquerque, Vicente Lopez, certifies.

I, Diego Lucero, resident of San Carlos of Alameda do hereby declare: that for over 50 years I have lived at the post of Alameda and we have owned and have possession of the land that have been taken away from Santiago Garcia and that it will be used as evidence and hereby make this declaration before Lieut. don Eusebio Rael on this 21^st day of April 1808 I requested he sign for me. Signed Eusebio Rael.

I, Nicolasa Gonzales, declare that I am sick in bed improbably in the last days of my life, wish to state that the lands that were inherited by Antonia and Prudencia Gonzales we bought by Catharina their sister.  By order of Antonia, the following was delivered to Juan Tafoya, one white hat, and one cloth of blue color. This being the truth at the request of Mariano Montoya. Being unable to sign and make the sign of the cross. X. February 9, 1808. Signed Antonio José Trujillo

I, Rosa Gongora, second wife of Juan Tafoya state that during our married life, he told me, that where he had land was at Los Corrales that he had bought the same. As to whether he had any lands at Corrales, he did not say, this being the truth and I declare this upon request of Mariano Montoya. And not being able to sign and made the sign of the cross. X. On this 18^th day of December 1808, signed by the Vicente Lopez

I, Manuel Gonzales, declare that I was told by the deceased Tomas Chavez, that a box with all the clothing that she had for me had been accidentally burned and in the same box the indentures and bills of sale from the step children, and he stated that he regretted more the loss of the papers more than the clothing. This being true, I give this declaration at the request of Mariano Montoya will. For not being able to sign I made the sign of the cross. X. At Alameda on January 3, 1808 signed Antonia Trujillo

I, Geronimo Chavez, who certify to be true that the house of my stepmother, that a box containing clothing and papers of the lands of her children, this being true and make this declaration upon request of Mariano Montoya on this third day of January 1808. Not being able to sign and made the sign of the cross X signed Antonio José Trujillo

…upon order that Padilla and Mirabal should refund the money to me that they had received, and they had all obeyed, except Padilla who had received my money. He has made no refund there being no way of compelling him to do so for the reason that he is the military man, I appeal to you that you order him to refund the money that he unjustly received from, as shown by the proceedings and declarations in the case. He has returned from his campaign and therefore I ask that your Lordship commission him to force them to refund the money. June 9, 1810. Domingo Labadie.

Santa Fe, July 1810. Ensign of militia, of the company of volunteers of la Cañada, will make Padilla, a soldier in the company, that he refunds the amount that the party claims (Domingo Labadie). Having been decided that the ownership be claimed of the lands at Alameda was erroneous, for the reason that the same had been sold, as shown by the investigations in the matter. Signed Manriquez

Rio Arriba, July 27, 1810.

Through the aforesaid decree and in compliance to the same, and presented to the militia man of the company, Lorenzo Padilla, who is ordered to refund the amount claimed by Labadie, which also of having delivered the records of the investigation made. The document contains 10 written sheets and declarations. Signed Vicente Montoya

References:  Spanish Archives of New Mexico, Series I, Twitchell 605, Reel 3, Frames 1403-1467
©Henrietta M. Christmas