I, Juan Pacheco, a native of this
kingdom and a resident of Santa Cruz, appear before you and say: I am married to Ynges Martin, the legitimate
daughter of Antonio Martin, my father-in-law, a resident of this locality and
living in the said villa. I have had
three children by said wife and I have to support them together with my said
wife. It is according to justice and
reason that the legitimate inheritance be paid to my said wife and children,
which falls to their share from the property which my said father-in-law
possess from the maternal share, which he cannot deny because of the demise and
death of my mother-in-law, may she rest in peace.
At the present only one parcel of
land is recognized, which is located in the area of El Rio Arriba, which
contains a well-built house which is composed of eight rooms and an orchard
which is at the foot of the said house.
The reason I have, for making this petition, is that it compels me to
ask for this maternal inheritance, and that my father-in-law has a new family
to support and is trying to sell the said house, orchard and lands belonging to
her and we are three children of the lawful marriage and he wants to leave us
in the street; which is not reasonable.
My father-in-law says that he will pay each one of us this maternal
inheritance with a piece of land and that he does not want to give us any of
the house and orchard because he wants to sell it. My said wife is objecting to this. She has objected because she has made improvements
to the said house and orchard.
We live in said house and my
brothers give their share to him, for my part and that of my wife, we do not
consent because we find ourselves with a large family. Juan Pacheco, rubric
On March 2, 1736 at Santa Cruz,
before me Captain, Juan Estevan Garcia de Noriega, alcalde mayor, the petition was presented will review and order my
two assistants as witnesses. Signed Juan
Estevan Garcia de Noriega, rubric; Jose Garcia de Noriega, rubric; Miguel de
Quintana, rubric.
I, Antonio Martin, a resident of
this villa of Santa Cruz, appear before you.
The opposed sale by Juan Pacheco and my daughter, Ynes Martin, his wife,
which I have resolved by a piece of land and a house which I have in the that
locality, falsely alleging that I am depriving them of the maternal share and
that I am leaving them in the street. To
which I should and do say that all that this party alleges is null, false and
do say that all that this is without foundation; because I have given and assigned
them the half of the lands, and even something more, which is the land I am
ready to deliver now or at any time if they lack something to complete the half
of the piece of ground which I own through a gift and donation that my brother,
Sebastian, gave to me because I am his brother and for no other reason. I had already acquired it during the lifetime
of my first wife, the mother of my said children, and for this reason I
consider it community property. It is
never my intent not to give them what belongs to them from the maternal share
and of what remained at the time my first wife died. It was recognized that it was the said land
and three rooms of the house in which we live.
The latter was sold for the value and price of two head of cattle, one
of which was eaten by the complainants, with which I have paid them for that
part.
Therefore, I can use this to
support myself and maintain the new family with which I am burdened. As I am in debt and above all as it is mine
and not my children’s; I desire to sell it to the person who will give me the
most and will suit me the best. Signed
Antonio Martin, rubric.
…The said witnesses whom I
present are Joachin de Atienza and Jose Martinez, who were the ones who were
present at the death of the said deceased Felipa, who was the one my wife, the
one my wife recognizes as mother because she raised her, not being the
reason. Juan Jose Pacheco, rubric.
Referred to the Governor by Juan
Esteban Garcia de Noriega, rubric.
Because the house and orchards
were built after his mother-in-law passed, he is not entitled to them as
inheritance. He can only be entitled to
the lands that said Antonio Martin acquired during the time he was married to
the mother of said Ynes. And for the
time that Juan Pacheco states he worked on said property, Antonio Martin shall
pay him at the regular price which would correspond to his work.
I thus decided, ordered and
signed. Don Gervacio Cruzat y Gongora,
rubric.
Gaspar Bitton, rubric
Juan Phelipe de Rivera, rubric.
References: Spanish Archives of New Mexico, Series I,
Twitchell 686, Reel 4, Frames 537-552.
©Henrietta M. Christmas
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