Maria Francisca Sena - Settlement of Estate 1763

On the 5^th of April 1763, Manuel Gallegos, the Alcalde Mayor of the villa, noted that on the 25^th day of March, Maria Francisca de Sena, widow of Jose Moreno, died suddenly.  She died intestate.

At the settlement of Santa Barbara de la Junta de los Rios, on the 6^th of April 1763, I said Alcalde Mayor, being in the house and residence of the deceased, accompanied by the assisting witnesses, for the purpose and in order that the heirs may present the bills of sale and other instruments that the said deceased may have had and also to have them….  Signed Manuel Gallegos, rubric.

Immediately after and in this settlement, I the said Alcalde Mayor, proceeding with the business in hand an ordered to appear before me, Felipe de Sena, brother of the deceased and who always had a friendly connection with her.  He stated under oath that he was ready to show the bill of sale for the ranch at Santa Barbara and the house in Santa Fe, also a receipt made by Antonio de Beitia, a resident of Ojo Caliente, in favor of the said deceased for 300 head of ewes which the said Beitia had on shares; he also had on note 112 pesos that Salbador Gonzales, a resident of said villa owed the deceased.  Those were the only papers his sister had left with him.  He said he knew she had six breeding cows and two-yearling heifers, three oxen, three female burros and one small burro, eight goats and one he-goat, one cart complete, one axe, one metal French kettle; that those were the property that belonged to his sister; that the clothing that she had, he knew his sister had given to Maria de la Luz past year as a wedding present.  He also knew she had two old waists one pair of old skirts, one cotton mantilla, also old. He declared that was all he knew and during the life of his sister, she had given to her son, Joseph Jacinto, single, his maiden sister and the minor brother, Juan Francisco, the Santa Barbara ranch to be divided in equal parts, and to her married daughter, Maria de la Lus, she gave the house and a piece of land situated in this villa.  He said he was 42 years old, did not know how to sign his name.  Signed Manuel Gallegos, rubric; wit/ Bisente Sena, rubric and Tomas de Armijo, rubric.

Deposition of Jacinto Jose Moreno:

In the above mentioned settlement, of Santa Barbara, on said day, month and year, I the said Alcalde Mayor, pursuing the inquiry in these proceedings, summoned Jacinto Joseph Moreno, legitimate son of the deceased, who after being duly sworn, according to law and deposed to tell the truth about his deceased mother.

Asked if he knew how many ewes his mother had, he answered 300 head and these were held by Antonio Beitia on shares.  He knew she had three oxen, one complete cart, six cows and two heifers, three female burros and one small burro, one axe, one metal kettle, eight goats and one he-goat.  When asked if he knew if anybody owed his mother anything, he said that he knew that Manuel Lopez owed his mother ten pesos; Salbador Gonzales, 100 and some odd oxen; and asked if he knew of any other property that his mother had, he said that this ranch belonged to her. Although he knew she had a house in the villa, she had given it to his sister, Maria de la Luz at the time of her marriage. When asked about clothing, he said only what she wore.  He declare he was 20 years old more or less, Signed Manuel Gallegos, rubric; Bisente Sena, rubric; Thomas de Armijo, rubric.

Deposition of Juan Tafoya:

In this settlement of Santa Barbara, on said day, month and year, I ordered Juan Tafoya, son-in-law of the deceased who had lived together to appear before me.  He said she had 300 head of ewes, and they were in the hands of Antonio Beitia and the he knew that she had a card and two yoke of oxen; and that he knew she had eight cows and two heifers; and they had paid two cows and one horse for the funeral and that she had three female burros and one small burro, and some goats.  He knew the ranch at Santa Barbara belonged to her and she had given to her married daughter, his wife. He declared he was 25 years old, Signed Manuel Gallegos, rubric; Bisente Sena, rubric; Thomas de Armijo, rubric.

Inventory:

First a ranch and five-room house, not completed in this said settlement with its broken farm lands.

One five-room house and farm lands situated in the villa.

Six breeding cows and two yearling heifers.

Three oxen.

Three female burros and one small burro.

Eight goats and one he-goat.

One cart with yoke, yoke straps and chains.

One axe.

One copper kettle.

Two waists, one pair of skirts and one mantilla – all old.

Three hundred ewes.

Signed Manuel Gallegos, rubric; Bisente Sena, rubric; Thomas de Armijo, rubric.

Debts paid:

To los Pinos, 44 pesos.

To don Clemente Gutierres, 18 pesos.

To ensign don Toribio Ortiz, 26 pesos.

To Joaquin Mestas, 50 pesos.

All the above debts were paid and cleared.

The rest of the inventory was divided equally amongst the three children, knowing the house in the villa was given to Maria de la Lus.

Appointing Guardians:

I appoint, Bernardino de Sena, guardian of the minor heirs and the said Bernardino de Sena being present, agreed to serve as guardian and that he would look after the three hundred sheep and the profits derived, also the land and house on the Rio Tesuque Ranch; and the profits of said sheep to be sixty lambs 100 fleeces of wool; these were to be used for assistance of the minor heir, Juan de Sena.  Don Carlos Mirabal he being the person who will take care of the said minor.

Signed Manuel Gallegos, rubric; Antonio de Beitia, rubric and Jose Miguel Garduño, rubric.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 863, Reel 5, Frame 103-117.

©Henrietta M. Christmas

Don Diego de Vargas, Family

Many people have tied their Vargas lines to that of don Diego de Vargas; as far as we know no one in this family left any children behind. His natural children by a woman in Mexico City returned immediately after his death and resided in and around the area.  Over time, keeping track of them became more difficult and we don't know exactly where or how they died.  

If you have family with the surname Vargas, it more than likely came from the Machuca Vargas family or yet another person by that name who came to New Mexico post-Revolt (1680).

©Henrietta M. Christmas

Don Diego de Vargas's Will Part II ~ 1704

To my secretary of government and war, also, for the love I bear him, I make him the gift of what he may owe me, and more, I leave him cloth of England enough for a suit of four yards, with its listed linings and buttons, so, that with due care and legality he may assist my said lieutenant-general, by these presents appointed my testamentary executor.

To the accounts which I have with the soldiers, corporals and officers of war of this garrison, paid in full their year in advance, and to the others, owing small sums, to pay them in full to their satisfaction upon the settlement of their accounts.

There shall also be made an inventory of all of my property, assigning first to my said Lieutenant-general and compadre, Don Juan Paez Hurtado, the testamentary executor and administrator, my black hat embellished with blue and white feathers and my silver-laced cloak line with blue plush, and a new jerkin with grogram and silk lace and my gold case.

To my said sons I leave my mourning suit and to the said Don Antonio Maldonado Zapata, in consideration of relationship and friendship, I leave to him all that he may owe me on account of salary and furthermore. I give him a pair of stockings of yellow color, embroidered with silver, and one pair of socks.

Out of the inventory of my property when made, there will be paid the parochial fee for the nine masses over the corpse, to the Rev. Fr. Guardian, giving one hundred candles for the bier and fifty for the altars and those Religious present; I believe there is chocolate of my liking in two baskets amounting to about two hundred and twenty-five pounds, and the balance in what he may ask to be paid in goods which may be left.

Relative to the great quantities of supplies with which I have been supplied by the government and appear to have come into the Villa of Santa Fe during the last year1703. I submit the bill of exchange which I have drawn in favor of said persons. To Don Francisco Diaz Tagle, resident of the City of Mexico, I may be indebted as to that which may not have been paid on the salary of one hundred soldiers of the garrison of the Villa of Santa Fe, and their year paid in advance began on the 16^th day of December of last year1703, and will end in the present year, 1704. And for the payment of said balance I assign to said chief officer the goods of said inventory and also 550 head of cattle. Furnishing the said soldiers as usual from said stock and grain which are in my warehouse and in the house of Captain Diego Arias. The portion which appears in the book of accounts, and at La Cañada in possession of Sylvestre Pacheco, and from the one as well as from the others said soldiers shall be supplied all of which will be administered by my lieutenant promptly, the soldiers making to him their obligation to pay out of their salaries, and the new Governor who shall make the payment for said soldiers out of their salaries in the first payment to be made in the present year 1704, in order that the said soldiers may not be in need of the necessary support in their aid to the Royal service. For which and in compliance with which the said soldiers shall give to my said lieutenant the notes required by him for what may be given to them and also giving to them thirty head of cattle each month at the pleasure of my said lieutenant.

 In the same manner I declare that I am indebted in the City of Mexico to the Captain Don Juan de Bazoco in the sum 2,189 pesos, payable at the end of the month of May of the present year. Furthermore, I am indebted to the Count of Fresno de la Fuente as evidenced by a note of seven hundred and some odd dollars. For the amount of my account which his predecessor, Don Mathias de Lunaris did not collect, and for the payment of which I ask the Captain Don Antonio de Valverde to pay the same on account of what he owes me and to remit a bill of exchange to my said testamentary executor to be by him enclosed with notice of my death to the said Count de Fresno de la Fuente.

In the same manner will Don Antonio de Valverde pay to the Captain Don Francisco Sanches de Tagle the balance due on account of three boxes of gun-powder which was gotten on my account in Mexico from the general contractor and the lead which I gave no ammunition for the journey, which he will pay at the rate of one dollar and a half for gun-powder and lead.

In the same manner said Captain Antonio Valverde will pay in from convenient for himself and when agreeable. The different accounts furnished to the soldiers of his garrison and also for one box of soap which, at his request, I furnished him at said garrison at Paso del Norte.

I leave in full force and effect the testament made by me on the first day of June of last year, 1703, in the City of Mexico, before Don Juan Valdes, Notary Public for His Majesty, in which I declared and as to this I regent and declare as the successor of my first born son as Marquez de la Naba Brasinas my oldest grand-son as therein stated.

I do appoint in my place my Lieutenant general, that as soon as I may die he may govern this kingdom, the political as well as the military, who shall give immediate notice to the Viceroy, the Duke of Albuquerque. And in the same manner, for the discharge of this my testament and its contents, I appoint my said Lieutenant, Juan Paez Hurtado, my testamentary executor and the keeper of my goods. And after the discharging of the provisions of my will, having paid and satisfied all as in the same stated, it is my will that the remainder be remitter to my said administrators Don Miguel de Ubilla and Don Diego Suazo y Cojales, and this I sign. While on the campaign, in the town of Bernalillo, with the Captain Alonzo Rael de Aguilar, my secretary of government and war, and I, the said secretary say that in my presence it was made by the Marquez de la Naba Brazinas, present governor and captain general of this Kingdom, and I do certify and know that His Excellency is in his entire judgment and natural understanding which God Our Lord had been pleased to give him, and while His Excellency is in the field, and there not being any royal or public notary in this Kingdom and much less there acknowledge this testament, for said reason. It was being in this place an Alcalde who could acknowledge me, the said secretary of government to give it full faith according to law; His Excellency signing it before me said secretary of government and war and signing me as witnesses Lieutenant Juan De Urribarri. Don Antonio Maldonado, Adjutant, and the Captain Feliz Martinez, who were present and duly signed as stated. Made in the Town of Bernalillo on the seventh day of the month of April, in the year 1704, and written upon ordinary plain paper as there is none which is sealed at this place. Holding of no value persons and seventy head of cattle.

And in the same manner I desire and it is my will that, whereas, I have furnished the Captain Don Feliz Martinez what my account books show, that my said administrator do not collect anything from him for I give it to him for the great service and love which he has rendered me, and this clause shall be complied with as all the others, and I sign it before said secretary and witnesses on said day, month and year.

Moreover, I declare that I have another mulatto slave by the name of Jose de la Cruz, whom also, on account of the time he has served me, lovingly and willingly, I do give him his liberty, with the understanding that he will serve my said sons Don Juan and Don Alonzo de Vargas five years, and at the end of which time he will be at liberty. As appears by this clause and the declaration made before a notary by my said sons that said Jose de la Cruz has served the five years. I sign it with said secretary of government and war and the witnesses.

The Marques de la Naba de Brazinas (rubric)

Witnesses: Juan de Ulibarri (rubric)

            Antonio Machario Maldonado Zapata (rubric)

            Felix Martinez (rubric)

Before me:

Alfonso Rael de Aguilar (rubric) Secretary Of Government And War.

 On said day, month and year, I, the said Governor and Captain general, Marquez de la Naba Brazinas, do say; that notwithstanding the long time since I came from New Spain, I have ordered a great number of masses to be said for the repose of my soul. And not withstanding this testament is closed, I desire and it is my will to have five hundred masses, two hundred applied to the Holy Virgin of Remedies, my protector, for the benefit of my soul, and three hundred for the souls of the poor who died in the conquest of this kingdom and may have died up to the present day, for which I order my testamentary executor to pay the necessary fees out of my property, requiring a receipt for the payment of ease, and being oppressed with the sickness which his Divine Majesty has been pleased to afflict me. Although in my entire judgment and understanding, and not being able to sign this clause it is done for me by the Lieutenant Juan de Uribarri, there being present my secretary of government and war, whom I ask to certify, and I the said secretary, being present, do say that the said Marques is in his complete judgment and understanding and declares this clause and order for masses. And I sign it with said Lieutenant Don Juan de Uribarri. The witnesses being the Captain Don Fernando Duran y Chaves, Thomas Olguin and Don Bernardo Duran y Chaves, all present.

 By request of The Marques de la Naba de Brazinas (rubric)

Juan de Uribarri (rubric)

Fernando Duran y Chaves (rubric); Bernardo de Chaves (rubric); Before me:  Alfonso Rael de Aguilar (rubric), Secretary Of Government And War.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1027, Reel 5, Frames 1150-1191.  This is a copy of Twitchell's Translations of the Spanish Archives of New Mexico.

Will of Don Diego Vargas Zapata Lujan Ponce de Leon - 1704

In the name of God almighty know all who may see this last will and testament that I, General Don Diego de Vargas Zapata Lujan Ponce de Leon, Marquez de la Nava Brazinas, Governor and Captain General of thin Kingdom and Province of New Mexico. By His Majesty appointed, native of the imperial court of Madrid in the Kingdom of Castile, being sick in bed with the infirmity which God, Our Lord, has been pleased to place upon me, believing as I firmly and truly do in the mystery of the Holy Trinity, Father, Son and Holy Ghost, three distinct persons and only one true God, receiving as I do receive, as my intercessor the Holy Virgin Mary, mother of the divine and eternal Word, I confide my soul to a most clear career of salvation, interceding with her worthy Son for forgiveness of all my sins. I do make order and dispose and declare this to be my testament in the manner and form following;

Firstly: I commend my soul to God who created it with the price of His precious blood, and my body to the earth from which it was made.

And if His Divine Majesty shall be pleased to take me away from the present life, I desire and it is my will that a mass be said while the corpse is present in the church of this town of Bernalillo, and afterwards the same shall be taken to the Villa of Santa Fe and placed and suspended in my bed selected as a bier and in the same be taken to the church of said town of Santa Fe and buried in said church at the principal altar under the platform where the priest stands; this I ask as a favor. Said bier to be covered with honest woolen cloth and buried according to military rites and the title ceremonies and privileges of Castile, leading two horses covered with the same clothing and the bier.

I order that on the said day of my funeral there be distributed among the poor of said town fifty measures of corn and twelve head of cattle.

I declare, also, that since the eighth day of June of last year, 1703, when I left the City of Mexico, I have been indebted to the Royal Treasury of His Majesty for the salary for two years which was advanced to me, which at the rate of two thousand dollars per annum will amount to four thousand dollars, which the Most Excellent Duke of Albuquerque ordered his officers and judges of the Court of Mexico to deliver to me upon my giving a life security, and having given the same with the Captains Don Joseph de Villa Urritia, Knight of the Order of Alcantara, and the Major Don Pedro de Tagle, Knight of the Order of Alcantara, and also with Don Joseph Carrilllo Royal Minister of Finance.

 I leave and assign for the payment and satisfaction of the most of the account of which I may be indebted to His Majesty form the day that God Our Lord may be please to take me away said salary, and that the  aforementioned may not suffer or be compelled to pay any amount. I assign as a special pledge two young negro coachmen of known age, for whom I paid six hundred and sixty dollars, the excise tax having been paid by me and which is mentioned in the receipt in my possession, to which I refer; and my attorney will also deliver a white mulatto woman named Josefa de la Cruz, twenty-two years of age, the wife of Ygnacio, one of the two coachmen, who was the slave of Don Juan Cristobal de Palma y Mosa, councilman of the Royal Audience of Guadalajara, the contract showing her value.

In the same manner my attorney and executor, the same being my Lieutenant-General, Don  Juan Paez Hurtado, will remit or sell at the best obtainable prices the following silverware:

 Lot: Thirty small silver dishes, the fifth part taken, and twenty-four sealed with my coat-of-arms and weighing more than two marks.

Two large dishes which weigh twelve marks and ounces.

Six candle-sticks with my coat-of-arms, and two pairs of candle snuffers, which weigh forty-two marks, more or less.

Twelve silver porringers which weigh twelve ounces, sealed with my coat-of-arms, the one-fifth part taken.

One silver bowl, gilded with a siren, weighing sixteen and seventeen marks, more or less.

One small silver keg, with stopper and chain, the one-fifth part taken, weighing six marks.

One large plain tankard, weighing two marks and six ounces.

Six silver forks and their silver tea spoons, the fifth part taken and weighing twelve ounces.

Three silver table spoons, weighing about two ounces.

One large silver fountain, engraved, one-fifth part taken and weighing twenty-three marks.

Another small silver fountain, engraved with vine-leaves, the one fifth taken, weighing thirteen marks.

One silver deep bowl, for shaving purposes, the one-fifth taken and weighing twelve marks.

One silver waiter, weighing fourteen ounces.

One silver basin, with my coat-of-arms, the one fifth taken and weighing nine marks.

One pair of pearl earrings with eight fine emeralds, each one and its pendants worth five hundred dollars.

One finger ring, with a rose diamond, checkered and enameled in black and gold, worth one hundred dollars.

Another finger ring with two diamonds, enameled in black and gold, worth one hundred dollars.

Said silverware I leave to my testamentary executor to be sold to the person or persons of his approval, the returns to be remitted to the three said gentlemen, my said sureties in said court and City of Mexico, and in the same manner he shall pay the balance of the freight upon three boxes of gun-powder, whatever it may amount to, together with the cost of hides, ropes and covers, for which said amount I ask him to secure a receipt in full payment.

I also declare as my sons, although not my legitimate wife, Don Juan Manuel de Vargas, of the age of twenty-four years, and Don Alonso de Vargas, of the age of twenty-three years, and their sister Doña Maria Theresa, who is with her mother in the City of Mexico, of the age of nineteen years, who have been supported on my account and to whom I assign two thousand dollars in cash, which are in a small cedar box, and more to make up said amount there will be found in the silk warehouse, it being understood that said amount of two thousand dollars forty-five dollars, shall be divided among the three, the two brothers and sister, in equal parts.

In the same manner I leave to the said Don Juan and Don Alonso de Vargas, the two saddles which I have used; also two pairs of pistols, with the holsters; the banners of Anselm and Saint Michael, the Great, with the covers and cushions; two cloth suits which I have worn, one whitish and the other blue, with the gold buttons, covered with flesh color, and the whitish with its waist-coat and trousers of brown cloth, adorned with flounces of gold and silver: this I leave to my son, Don Juan Manuel, and the other to my said son, Don Alonso, together with a jacket of blue brocade and a pair of trousers of blue plush and enough cloth of silk grogram for another pair: and furthermore of the piece of camlet cloth which I have assigned, each one of my sons will make a new suit of cloth, a coat and two pairs of trousers, lined with the color of their selection of the listed cloth in the warehouse, with silk buttons, and the jackets liked with the same listed cloth; in the same manner I leave them six shirts, embroidered with the best of lace, three to each one; two jerkins with eaten-moth laces, one to each; and of the neckties which I have commonly used, I leave two to each one of my said sons; further, four pairs of stocking of genoba, two pairs to each, and I leave to my said son, Don Alonso, one pair of blue silk stockings, embroidered with gold, and the pair which are silver curled to my son, Don Juan; I leave them four pairs of bed sheets, two to each, with the embroidered pillow cases; I leave them four yards of fine linen, to each of my two said sons; to my said son Don Alonso I leave my two cloaks, one of fine native cloth, and the other of gold color, lined with serge; to my said son Don Juan, I leave the choice of the color of the cloak liked with serge; I also leave them three pairs of drawers, to each one, and one full piece of fine linen to be used by them for handkerchiefs; and I leave to them the selection, to be taken to their mother and sister, a dress pattern of fine camlet cloth, with the lining of the listed cloth which they may like the best, and a pattern of petticoats of scarlet cloth from England, with the silk and trimmings; one silk mantle with fringe, for each one; furthermore, I leave them the two trunks which I have; and to my said son Don Alonso, I leave my fine sword hilt, and to my said son Don Juan, I leave my small sword; and each one to have a leather jacket, the one I have used and another from the warehouse; in the same manner to take to the General at Parral one leather jacket of blue color and the stocking and gloves which I ordered to be made; I also leave to them my leather case, large elbow chair and eight ready mules, selected to the satisfaction of my slave, the negro Andres, who, for having rendered me good service with his great love and good will over since the year ninety-one, by this clause, I give him liberty, with the understanding that he shall take my said sons to the City of Mexico and remain with them such time as he may see fit. And to whom will be given and provided a saddle and two mules to his satisfaction, with a gun, cover, cushions, bridle, reins and saddle-bag, hat, jacket and a pair of trousers of cloth, and, in the same manner will be given to my said sons one hundred sounds of chocolate and sugar and twelve measures of wheat-made dried bread, stockings, shoes, soap and hats for the said journey, which they will make two months after my death, or with the manager who may take this notice of my death and in their company will go Don Antonio Maldonado Zapata, to whom I give four mules for pack animals and two saddle mules, fifty pounds of chocolate and fifty of sugar, four measures of wheat, six pairs of shoes, six bundles of tobacco, six dollars’ worth of soap and two hats in order that he may accompany my two sons.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1027, Reel 5, Frames 1150-1191.

 This is a copy of Twitchell's Translations of the Spanish Archives of New Mexico.