Soldier (Antonio) Marcos Rodriguez ~ Will 1772

Know by this public instrument, that I, Marcos Rodrigues, resident of the Jurisdiction of the Villa of Santa Fe, being ill in bed from and illness, I dispose and order my last will and testament in the following form.

I declare that I have been married, according to the Rites of Our Holy Mother Church, three times; the first to Ana Maria Gutierres, from which marriage, we had a reared five children; Juachin, deceased; Maria; Juana; Joseph; Maria Antonia. And, in the second marriage to Maria Guadalupe (Brito), from which union we had and reared one daughter, named Maria Jusepa, now deceased; and the third to Maria Antonia (Aragon), from which marriage we did not have any children at all. And I acknowledge the children of the first and second marriages to be my legitimate children and heirs, as born during lawful marriage.

I declare that I owe two low masses, one to Saint Anthony and the other to Our Lady of Guadalupe. I order that they be paid.

I declare that it is my will that they any novenas of low masses for my soul.

I declare as my goods, one house in which I live, which is composed of four rooms, which it is my will shall be left to my wife, with the consent of my children.

I declare a ranch of farm lands, which I have distributed to my children in equal shares. And for the land which belonged to my wife, Maria Antonia, from her deceased husband, Juan Joseph de Salasar, she traded it to my son, Joseph Francisco Rodrigues, for another portion of land, which is at the rear of the house in which I live, which I leave to my wife. And this portion of land taken away from that which shall remain, belonging to me, I order that all of my children divide it in equal parts, separating the corn fields “del Caspade.” Which is in my will shall be left to my godchild, Maria Casilda Gonzalo, because I have reared her, and I leave her this corn field, with the consent of my children.

I declare as  my goods a corn field of farm land, which belonged to my deceased wife, called Guadalupe, which it is my will be sold, and that which they would give for it, they will say in masses for my soul.

I declare as my goods one burro, with its suckling, which it is my will shall be left to my wife.

I declare as my goods two oxen, which it is my will shall be left to my wife.

I declare as my goods all of the trappings for horseback riding, a gun, a sword, a lance, leather jacket, saddle, spurs, bridle, little cushions, shield, which it is my will shall be left to my son, Joseph Francisco.

I declare as my goods a cart fully equipped, two axes, one hoe, one branding iron, which shall remain for the benefit of my wife, because it is in my will to leave her all of the branding iron and cart.

I declare as my goods three pictures – Saint Anthony, Saint Barbara and Our Lady of Guadalupe, which I leave to my wife, together with a little chest.

Pedro Rendon owes me fourteen pesos. I order they be collected.

I declare that Geronimo Gonzales owes me three varas of Rouen linen. I order that they be collected.

I declare that Salvador Tapia owes me a sack of corn; I order that it be collected.

I declare that Facundo Moran owes me two pesos worth of adobes. I order that they be collected.

I declare that I do not owe anything to anyone.

I declare that two rooms which are joined to the house, which I leave to my wife, I leave to my daughter, Maria Antonia, without excluding her form entering into equal portion with the other heirs.

And, in order that this, my last will and testament be fulfilled as therein contained, I name as my faithful and trusted testamentary executors: in the first place, Agustin Lovato; and in the second, my son, Joseph Francisco, in order that all and each one personally shall cooperate for the fulfillment of that which I have declared in this, my testament.

Dated in the house of the said grantor, on the seventeenth day of the month of December of the year one thousand seven hundred and seventy two; and, because he did not know how to sign, I signed it. I, said Alcalde Mayor, acting with my assisting witnesses, for want of a Public or Royal Scribe, of which there are none in this Government, To all of which I certify,

Manuel Garsia Pareja, (Rubric); Witness: Antonia de Armenta, (Rubric); and Joseph de Armenta, (Rubric).

References:  Spanish Archives of New Mexico, Series I, Twitchell 797, Reel 4, Frames 1278-1282.

©Henrietta M. Christmas