Know all who may see this, that I, Antonio Ortega, Corporal of this royal garrison of Santa Fe, retired find myself ill and hereby make this final testament.
I declare that I was married to
Rosa Baca, for 29 years and during this time we had four children who are: two males, Domingo, deceased Alexandro, Petrona
deceased, and Catharina, also deceased.
I have likewise been married in a
second nuptial to Maria Antonia Romero and we had three children: two males and one female – Jose Maria and Jose Francisco. The marriage lasted 17 years.
I declare that my first wife
brought at the time of the marriage 50 sheep and one parcel of land, which I
sold at Los Palacios for 150 pesos.
I declare that my second wife
brought at the time of marriage, two house lots; I live on one and the other
one adjoins it.
I declare as my property some
lands which are called La Hacienda. The
documents of the same will show what they are; these lands belong to my two
sons, Domingo and Alexandro.
Another parcel of land with three
trees belongs to the above mentioned and the trees shall be partitioned to the
three. I have given Juan Domingo one
ranch which is situated at the Tesuque river; that contains all of his
inheritance of lands.
I declare as my property three parcels
of land which adjoins the house where I live.
I declare that I have one parcel
of land at Buena Vista; it is my will that the same be given to the orphans
which I have, also two cows, one for each.
I declare that the property inside
of my house belongs to my wife; also the house.
I declare that I have my weapons
consisting of one fire-lock gun, one pistol, one lance, one cartridge box, one
saddle pad, one saddle and one bridle.
It is my will that the same be given to my eldest son from my second
marriage.
I declare that I have 52 head of
cattle of all ages.
I declare that I have 40 goats.
I declare that I have one ‘he’
mule and three horses.
I declare that I have three
asses.
I declare that I had given my
first children everything I had, as it will appear by entry; but for the peace
of my conscience, I leave everything to the discretionary power and will of the
tribunals of justice so that they may decide whatever might be more expedient.
I declare that it is my will that
the remained of one-fifth of my property, after paying for my funeral, shall
belong to my wife; with the clothes acquired during our married life, she
should have enough. I request that it
shall be so arranged by the tribunals of Justice; this refers to the clothes of
my said wife.
I declare that I owe Domingo
Romero one ewe, I order that it be paid.
I declare that Christobal, the
Apache, owes me one buffalo hide, I order that it be collected.
I declare that Jose Vigil, the
soldier, owes me one fanegas of corn, I order that it be so collected.
I declare that Miguel Tenorio,
the soldier, owes me two fanegas of corn and two pesos in currency of the
country; I order that the same be collected.
I declare that Jose Antonio
Gallegos, the soldier, owes me five pesos in currency of the country; I order
that the same be collected.
I declare that Domingo Carrillo
owes me one half fanegas of corn, and the drummer Prado, owes me two pesos; I
order that the same be collected.
I declare that the soldier,
Bartolome Fernandez, owes me one piece of linen; I order that I be collected.
So that this final will be
complied with, I name as my executor, first my son Alexandro, and second my
wife. Signed on this October 20,
1785. Jose Maldonado, rubric. Witnesses:
Cleto Miera, rubric; Jose Miguel Maldonado, rubric.
The estate then goes to the
tribunal on November 28, 1785 where the wife and all the children must make
their claims and show original deeds.
The following people appear in
the audit and division of estate:
The widow, Antonia Romero;
Manuel Garcia Pareja is named as
guardian of the minor children;
The widow then lists all the
belongings, which don’t match either wills inventory. The items are then valued by the appraisers
for a total of 7,947.7 pesos.
Alexandro Ortega appears.
Francisco Garcia, son-in-law of
the widow of the deceased;
Juan Dominguez, a son-in-law of
the deceased Sergeant Antonio Ortega;
Miguel Ortiz as a witness and
neighbor testifying what he knew that Ortega owned;
Soldier, Juan Ortiz, as a witness
in reference to the property;
Corporal Jose Mares, testified
that they had gone for Calvary horses abroad, Ortega had gotten sick, he knew
of the two marriages and the division of property to his children of the first
marriage.
Antonio Rivera, retired soldier,
knew that the goods from the first marriage had been divided amongst those
children.
Jose Maria Montoya replied
similar to Rivera and Mares.
The widow then testifies and says
that she has one house lot, one piece of silk serge with which her father
helped to buy the house. She was poorly
dressed and declares that her husband had brought to her, ten varas of
sackcloth, which we made one mattress; two head of cattle, one being a cow and
one an ox, both large, which were distributed among the children of the first
wife. He also brought his weapons and
horses. She did not see any other
property upon marriage.
The Division is then done and the
names of the heirs are noted each receiving parts of the estate either before
the second marriage or after: Jose
Maria, Jose Francisco, Maria (three minor children).
Alexandro Ortega testifies, Maria
Loreto Armijo widow of the deceased Domingo Ortega; Juan Domingues (son and
brother of Alexandro).
Signatures of Anza and Maldonado.
References: Spanish Archives of New Mexico, Series I,
Twitchell 661, Reel 8, Frames 1218-1255.
©Henrietta M. Christmas
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