Diego Padilla ~ 1833 Will

Know all ye that see this testament that I, Diego Padilla, native of this city of Santa Fe, legitimate son of Ysidro Padilla and Ana Maria Marquez, both deceased and residents of this town, am sick and order this my final testament.

I declare that I was married to Maria Rita Avila for the period of fifty years during which marriage we had and raised thirteen children:  Maria Josefa, Jose Maria, Jose Victorino, Maria Salome, Teodoro Bernardo, Maria Feliciana, Maria del Refugio, Maria Juana, Maria Francisca, Maria Antonia, Jose de la Cruz, Maria Guadalupe and Maria Juana, who are my heirs and successors.

I declare that when I married my wife, she brought to my possession a portion of land which number of varas I do not know and is situated at Tesuque River and has been planted by her brother, Jesus, with her consent and mine and the same appears in the document.

I declare a house of residence with contains six rooms, and a portion of agricultural land.

I declare that from the six rooms in the above house, I have sold two rooms to my daughter, Salome, with ingress and egress, but no land.

I declare, on ox, three bulls, and two three-year-old heifers, and 1-2 years old bull, twelve goats and a pig.

I declare to have a second hand copper kettle, two brass kettles and two of copper, one big copper kettle which I bequeath to my master to be delivered to him after my days by the steward.  Six china large dishes, and four small ones; three cups; four chocolate cups; one coffee tin pot; four tin cups; on broken pitcher; one tumbler; one hoe, and one ax; one adze; one chisel; six sickles; on spit and one iron spoon.

I declare as mine, a small amount of blacksmith tools, containing the following tools:  three files, one anvil, one vise, one pair of shears, one big copper spike for repairing tin cups, the three files and small hammer, and anvil are loaned to Noland and one gun which he took to repair.  I order to gather them from the said Noland.

I declare as my property, one large barrel; one small one; three jugs; one gun without a handle; one goat iron mark; two wooden boxes, one with hinges and lock; one cupboard with its lock; one ready cart; two loom combs and a pair of loom ___. 

I also declare to have at Analco one hall in the house which was compadre, Santiago’s with its corresponding land on the south side and house frontage.

I also declare to have sold to my son Jose Maria the house of my mother, for the price of 50 pesos in cash and has paid 25 and owes 25, for which he will pay so many masses for the same, for the soul of my father and mother, whose instrument has not yet been executed, I order to be made.

I declare for my property in this town, from the boundary of the Garcia’s to the peak of the Spring (cerro del ojito), a portion of land which is contained in its instrument is the house of Uncle Lorenzo Marquez, at El Bado, I order my sons to get it.

I declare to have purchased at Rio Tesuque, a ranch and four room house, as will appear by its documents (one outfitted to make molasses with), two canoes, tree pistons, one plank with its cubes and a large rafter press, one timber yard and a tower at the top of the hill, all this outfit I order my sons to collect from the sons of Juan Ynocencio.

I declare a portion of land which I bought from Juan Ysidro Jimenez, continuous to the first one, and contains 23 ½ varas as it appears in the documents.

I declare to have purchased form Juan Isidro Jimenez another portion of land for which he has made no instrument, amount paid on account of his marriage.

I declare to have purchased from Manuel Antonio Jimenez a portion of land, which I have not received nor have made the instrument, but his sons know about it, and have the instrument, I order to claim it.

I declare as my property at the Pecos River, a possession of land which don Francisco Trujillo, don Bartolome Marques and myself got by grant the instrument of which is my possession and in don Francisco Trujillo’s the partition which we had between the three in the same contains the agreement which we made and will bind us forever.

I also declare as my property at the Cañoncito de Pecos which empties in the land of the natives of Pecos, a portion of land containing 300 varas as appears in the schedule in my favor.

I declare that there is due to me a church warden for back salaries and as assistant which I have been for 50 years to the present date and appears by my accounts placed in the Corporation and Church book, and when adjusted I order it to be collected.

I declare the group of this garrison in this City, it indebted to me as assistant which I have been since the year 1817 to the present date at the rate of three reales per year for each soldier, and have only paid me the board wages, I order that when the accounts be adjusted by the qualified officers to collect what may be due to me.

I declare that the Priest, don Fernando Ortiz loaned to don Antonio Narbona, St. Anthony and took it to Sonora, it belongs to the society of Our Lady of Light, this is declared because I do not want it to be charged to my children, and that it may be claimed for where it is.

I declare that I have donated a bell, and an image of Christ one vara in height, for which there will be no charge, furthermore, that the consecrated stone of the altar of the said Chapel is in possession of the heirs of don Jose Ortiz, I order to get them.

I declare that there is a missal at Jemez by order of Father Gonzales and a silver cruet at Tome in possession of Father Maradiaga; I order to collect both of them.

I declare, as I have stated to have been assistant of the church and all the wax lights are in existence, except those which have been used by order of the parish priest, as the inventories in which every article was contained has been lost, this I declare for the relief of my conscience, and not to be charged to my heirs.

Also I declare, that from my property be paid to San Miguel a small ring which was stolen from me.

I order and charge my heirs, that my the instrument made by Crespin in favor of my grandfather, Bartolome Marquez, and is in my possession, I claim the portion of land which has been sold, although my grandfather donated it to San Miguel and had been so held, nor the bishops had permitted to be sold, but to preserve it for the purpose for which had been granted by the grantor and the instrument of the land of San Miguel exists in the archive I believe, for when don Manuel Delgado was judge the land was measured, the rope being held by me and Felix Sanchez, and new instruments were made and delivered to Lt. don Ygnacio Sotelo.

I declare that the sacred stones of the church are in my possession of the father minister.

I declare that my daughter, Josefa, bought the house of my compadre Santiago Padilla when he died, for the payment of the full amount she was lacking one yoke of oxen, which I paid out of my property, and at the time of dividing my property the twenty-four pesos may be deducted from her inheritance, to be equal with the others.

I declare that I owe nothing, and if there should appear any account and proven, I order it to be paid.

I declare that Vicente Apodaca, owes me 100 pesos of the land for a house which I sold and he has paid me two measures of pine nuts, for 24 pesos and 12 varas of woolen cloth for 18 pesos, the balance I order to be collected.

Nicanor Olguin owes me 20 pesos in cash according to the note which he has signed, I order to be collected by my heirs, and also Rev. Pedro Martin owes me 24 goats.

I appoint as my executors, Rev. don Fernando Ortiz as the first, don Ygnacio Ortiz as the second and don Antonio Sena and the third one, jointly, giving to each one free power and general management and third part, one half to my wife and from the other half, deducting from the fifth and third part, which I leave for the benefit of my daughter which is in my possession unmarried and for boy, Eugenio, whom I have raised, to whom I bequeath it.  What remains will be divided amongst my said children.

Made at his house and natural understanding on February 25, 1833, I signed for he was blind, Antonio Sena, rubric.  Witnesses:  Domingo Fernandez, rubric; Nestor Armijo, rubric; Cristino Tapia, rubric; Jose Francisco Ortiz, rubric; Jose Francisco Sena, rubric.

References:  Spanish Archives of New Mexico, Series I, Twitchell 712, Reel 4, Frames 743-751.

©Henrietta M. Christmas