Cayetano Torres ~ Will 1780

At this place of San Antonio de Sabinal, on the 25^th of April 1780, Calletano Torres died without a will and left property in the possession of his wife and four legitimate children and legal heirs.  The property is in the care of the said widow and the executor don Pablo de Salazar; I, Juan Francisco Baca, Lt. of the Chief Alcalde, by the power given me, did order and appoint the said widow as the guardian of the property.  Signed, Juan Francisco Baca, (rubric) wit/ Jose Francisco Pino and Toribio Garcia Jurado.

I, the Lt of the Chief Alcalde, being at the house of doña Feliciana Ballejos, widow of Calletano Torres, deceased, for the purpose of making the inventory and brought forth the property.

First, his right as a settler in the tract of land of Belen, 600 varas of cultivated land at this place of Sabinal under the main ditch, one adobe house containing four rooms.  Three broken mares, one horse, one horse mule, two oxen, two broken bulls, 127 head of sheep, 109 lambs, two large and six small pigs, one image of Saint Anthony with its niche, one small gun with a cover, one blunderbuss, one old sword, one bridle, one pair of spurs, one old leather jacket, one pair of saddle cushions, one cartridge pocket, one table, bench and chair without arms, one plow and a plow point, two dibbles, one ax, one adze, one cart, one complete loom with two spinning wheels, combs for blankets, two pairs of cards and rollers, and one old saddle with iron stirrups.

On the said day, there was no other property than that mentioned, I suspended this inventory, that the said widow and custodian of the property may receive her appurtenances and that of her two minor children and deliver to the two married ones their property.  I appoint don Toribio Garcia Jurado and don Jose Francisco Pino as appraisers, who swore to discharge their duties as such.  Signed Juan Francisco Baca (rubric), wit/ Toribio Garcia Jurado and Jose Francisco Pino.

His right as a settler valued at 200 pesos.

700 varas of land at one peso per vara = 700 pesos.

The house with four rooms, two doors with locks and two without locks, with 36 varas of land, 300 pesos.

Three mares two at 15 pesos each one at 40 pesos.

One horse at 15 pesos.

One horse mule at 30 pesos.

Two broken bulls at 20 pesos each.

Two oxen at 50 pesos.

127 ewes at two pesos each, 264 pesos.

109 lambs at one peso each, 109 pesos.

Two pigs at six pesos and six small one at three pesos, 30 pesos.

One image of Saint Anthony, 50 pesos.

One gun and cover, 25 pesos.

One blunderbuss, 10.

One sword, 10.

One bridle, 4.

One pair of spurs, 8.

One leather jacket, 20.

One pair of cushions, 4.

One cartridge pocket, 4.

One table, bench and chair without arms, 18.

One plow and an extra point, 10 pesos.

Two dibbles, 10.

One ax and adz, 10.

One cart, 15.

One complete loom, 92 pesos.

One saddle with iron stirrups, 20.

All together the amount is 2,180 pesos.  Signed Juan Francisco Baca (rubric), wit/ Toribio Garcia Jurado and Jose Francisco Pino.

After paying for the funeral expenses and 96 pesos to Juan Nino Ladron de Guevara, resident of El Paso, the remaining is 1,972 pesos.  Half to the wife of 986 and the children receive 986 pesos.

There remain in favor of the heirs, 986 pesos, diving as follows:  Javier Garcia, widower of Juana Maria Torres, 246 pesos and four reales; to Salvador Armijo, husband of Maria Francisca Torres, the same amount.  To Juan Francisco Torres, the same amount.  To Antonia Rita Torres, the same amount.

The partition having been concluded, I certify, acting as stated.

Signed Juan Francisco Baca (rubric), wit/ Toribio Garcia Jurado and Jose Francisco Pino.

There appears due the deceased as follows:  Esmerejildo Montoya, a resident of El Paso, 180 pesos of the land or in goods.  Juan Antonio Garcia owes 8 pesos.  The executor don Pablo Salazar, owes 33 pesos, four reales.  The widow to take charge in collecting the debts.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 997, Reel 5, Frame 884-890.

©Henrietta M. Christmas

Francisca Trujillo ~ Will 1770 Taos

 I, Maria Francisca Trujillo, protest and declare make my last will and testament.

I declare that I was married for twenty-seven years to Fernando Romero, and we had four children who are:  Maria Getrudis Romero, Maria Manuela, Jose Manuel and Rosa.

I declare that I am the legitimate daughter of Manuel Trujillo, deceased and Maria Candelaria Gonzales.

I declare as my administrator of my estate, Captain Domingo Benavides and I order that my body be buried in the church of San Geronimo de Taos.

I declare as my property one tract of land which I obtained by inheritance from my legitimate parents.  The boundaries are west, the house, as far as the road which divides said lands called de la Talaya, south, as far as the arroyo de los Chamisas; north the acequia madre.

I declare another portion of land which my husband, Fernando Romero, bought from Fray Sambrano, from the lands which were sold to the rectory of our Father, St. Francis; and from said portion I declare to have sold to Antonio, servant of Juan Lucero, 30 varas on the east side.

I declare to have sold to Geronimo Lopez another 30 varas of land from said tract.

I declare as my last will that the residue of this tract of land I leave to my heirs, my daughters and my son; and proceeding to the said house and land, two rooms and half a hall.

I declare as my property a horse, without defect and a yoke of oxen.

I declare that Diego Naranjo owes me a horse, which he really owes, as declared by him on his deathbed, by God and my conscience and the condition in which I find myself.

I declare that Vicente Martinez, solder, owes me a loom without any equipment except its frame, without any needles or combs.  I order that it be collected for me, as also I order that the horse be collected from Diego Naranjo.

I declare that I owe the Rev. don Santiago Roybal a steer, I order it paid.

I declare that I leave for my burial and funeral a team of oxen.

And for the rest of my estate, so far declared, it is my will to leave for the welfare of my son and daughters.  I also declare that the said rooms and half hall I leave for my said son and daughters; as well as the said lands; and I confer full authority upon my said administrator to execute all this peacefully and quietly to make the division of my property among my said heirs as if I was doing it myself.

I swear that I have belonged to the Third Order of Our Father, St. Francis, for the past twenty and more years; and as said member of the Third Order I again declare and swear by God, Our Lord, and the sign of the Holy Cross, and my approaching end, that this testament clause is not made in malice and that I have never executed another.

For its validity, I requested the alcalde mayor of San Geronimo de Taos, don Antonio Armijo, to interpose his authority and judicial sanction, this 27^th day of April 1770, in this valley of San Geronimo de Taos.

Antonio Armijo, rubric

Wit/ Nicolas Leal, rubric; and at the request of Antonio Dimas Giron, Nicolas Leal, rubric.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 994, Reel 5, Frames 865-867.

©Henrietta M. Christmas

Marcial Torres Division of Estate 1763 (Final)

My mandate of the Alcalde Mayor, Señor don Carlos Fernandez, appointed by the Governor, don Francisco Marin del Valle, to take cognizance of these proceedings, I Antonio Martin, after seeing the plea entered by Valentin Martin, and in virtue of Your Honor’s decree, answer as guardian and trustee of the property of my grandchildren, the minor heirs of Marcial Torres, and under the law I allege that I have been unable to discover any relevancy in the testimony of the witnesses of Valentin Martin.  As is plain in the declarations made by Bentura Mestas, Capt. Joseph Antonio Naranjo and Miguel be Beitia.  These said and declare that said Marcial had this property at Abiquiu, which I do not doubt, but these witnesses do not say that this property was maintained until the said Marcial celebrated his second marriage with my daughter, which was the most necessary, not what he had before.

      

It is also true that those of Abiquiu, Ojo Caliente and Embudo, when we came down were of the point of perishing, and Marcial Torres the same; as it is also true that when he went up to Santa Barbara, he took along more wants than wealth and Valentin cannot demand something unjust.  He asks for additional rights for the minor children, acting and petitioning with such bad faith when he alleges that the Governor did not know and ignored the first heirs, when it is a thing so clearly to be seen in the provision of the Governor “What should there be children of the first marriage, that they be served with these proceedings, which was done by don Carlos Fernandez”, and Valentin cannot well infer from a decree so clear.  And should it be unjust that I maintain said property your Honor may so decree, and that it be delivered to whosoever may be best entitled thereto.

      

I have not kept this property of my own volition, but in obedience to the superior mandate of the Governor, as appears in these proceedings, and if my captive daughter, and my grandchildren have no rights, as alleged by Valentin, then I say, what is the reason that these, my children, should have no rights?  If it is apparent to Your Honor, and to all the inhabitants in Taos, how my daughter help her husband, toiling and working, and even trading with the heathen tribes of Utes and Comanche, always with the purpose of adding to their store and to help her husband.

In this way were acquired the gains and profits, and not as claimed by Valentin, holding me responsible for old cart timbers, and for the corn that was in Taos, of which Your Honor is informed by the declarations of Juaquin El Burro and in further compliance I requested the said Valentin, before witnesses who are Francisco Casados, Simon Leyba and Vicente Crespin to go and receive the corn, which I was ordered to do.  He refused.  I requested him to receive the twenty-five pesos which I am ordered to deliver to him.  He has refused, for the reason, as he alleges, that I am the one who wants the property so divided, at the ratio of twenty-five pesos, while I am not authorized so to do without order from Your Honor.  I have obeyed the order to deliver to Valentin, as I have stated; and also if it is not just that I charge the estate with the novenary for the redemption of the captives, Your Honor will charge what it may be adequate therefore, which will not be difficult for me to satisfy, as I paid anniversary novenaries of Marcial, as is shown in the voucher of Fray Andres Garcia, which is among these proceedings.

      

Having examined the depositions introduced last, by request of Valentin Martin, as noted, I admit that the statements of Juan Domingo Lovato and Pablo Pando may be true, but I while living in my house, have seen no other cattle, those mentioned by Juan Fresquez and Juan Angel Pando, who herded these cattle of Marcial.

If this is well established I pray Your Honor may be pleased to heed the claim of these minors, and not permit prejudice be done their small estate as already determined by Your Honor, on third leaf of these proceedings, that no appraisers be appointed because it would incur expense to the said orphans.  Therefore I shall expect from Your Honor due consideration toward these innocents that they be not made to suffer the expense occasioned by the action of Valentin Martin.  I have given no motive whatever for the disobedience by which I am amenable to all that which Your Honor may decree and that which is legal and right, even though the burden fall upon my grandchildren I shall support them as I have done since they left their mother’s breast.

      

And if by good fortune, my captives should return again to us, I will support them, with God’s help.  I do not want anything unjust.  Therefore, I humbly pray that Your Honor order the partition of this property which has been a source of trouble to me, as much for the ill will occasioned, as my mistakes.  I shall deem it a favor your hands with which I will be satisfied.

                                                                 Antonio Martin, (rubric)

~

At this place, La Soledad del Rio Arriba, on the fourteenth day of May, in the year One thousand seven hundred and sixty-three and known to exist.  Also to effect the division of the corn seed that is at the Pueblo of Taos in possession of the Indian, Joaquin El Burro, resident of that Pueblo; and Antonio Martin, father of the captive woman, and grandparent of the minors for his part shall exhibit vouchers for the property entering into his possession on belonging to these heirs, which shall be fixed at the end of these proceedings; and relative to the party, Valentin Martin, he has unwarrantably introduced a new article, without proof to support the claim, thereby adding costs, by the unwarranted introduction of this irrelevant article, and to him alone shall be assessed the costs incurred.  And the Alcalde Mayor, pursuant to the tariff, shall compel their payment, as scheduled subsequent to the introduction of the new article, exacting to the full extent of the law should it be necessary.  And relative to the novenary of prayers said for the captive heirs, which were paid by Antonio Martin, he shall be credited therewith on account that it was an act of charity, renouncing to the benefit of these same parties.

      

And for the execution of all that is herein ordered, these proceedings shall be returned to the aforesaid Alcalde Mayor, who after the conclusion of the matter will transmit them to this archive of my government.

      

And I, Thomas Veles Cachupin, Governor and Captain General of this kingdom of New Mexico, have so provided and signed, with two attesting witnesses, in absence of a notary, that there is none in this kingdom, I certify.

Thomas Vales Cachupin (rubric) and wit/ Manuel Antonio Lorenz, (rubric) and Domingo Labidie (rubric)

~

At this place of La Soledad, on the twenty second day of May, of the year Seventeen hundred and Sixty three, I the aforesaid Alcalde Mayor, in order to put into effect the provisions of the (unreadable), I , don Carlos Fernandez, Alcalde Mayor of this jurisdiction, having examined these proceedings, and attentive to what the witnesses presented by Valentin Martin,  relative to the time that Marcial Torres came down from Abiquiu, shortly after becoming a widower, and that they may nothing about when he was married the second time, and those presented by Antonio Martin, who also fail to say anything relative to the time the second marriage was contracted, but only of things before or after that event; and for this reason, nothing is definite to my understanding; and arbitration by a high court appearing to me expedient for the determination of this business, inasmuch as the same doubts exist as when I gave the first decision, except as to the corn and the parties represented by Valentin not being satisfied with said decision and not finding any other course to take, according to my legal knowledge and understanding, I transmit this proceeding to your excellence the Governor and Captain General that he may take such action as may seem just.

Soledad, May fourteenth, in the year of 1763

Carlos Fernandes, (rubric)

~

City of Santa Fe, 20^th of May 1763

Having examined these proceedings with attention as to what is therein set forth, following and in continuing of the first action, taken by the Alcalde Mayor, don Carlos Fernandes, who is now, and was then, a duly appointed administrator for that purpose by the Governor don Francisco Maria del Valle, my predecessor

      

I should have ordered, and did order, and definitely decreed, that the decision of the aforesaid Commissioner and Alcalde Mayor, don Carlos Fernandes, at last nine of these proceedings, as observed, complied with and executed in the division and partition between the parties, heirs to the property referred to foregoing final decision of don Thomas Vales Cachupin, Governor and Captain General of this kingdom.  I should have ordered and so order that there appear before me the contesting parties to make them understand that which is ordered.

      

I so determined, ordered and signed, acting as said judge, to which I certify.

Carlos Fernandes, (rubric), wit/ Francisco Sanches, (rubric) and Gregorio Lucero, (rubric)

~

      

At the said place, I the said Alcalde Mayor, on the Twenty eighth day of May, in the year Seventeen hundred and Sixty three, explained to Antonio Martin and Valentin Martin, who were present, the decision given in these proceedings by Señor don Thomas Vales Cachupin, Governor and Captain General of this kingdom and being fully informed thereof, they said they would obey it, and they do obey.  This they gave as their answer. 

      

They did not sign because of not knowing how.  I the said Alcalde Mayor signed it, acting as said judge, to which I certify

Carlos Fernandez.  (rubric), wit/ Francisco Sanchez, (rubric) and Gregorio Lucero, (rubric)

~

       The costs which the Governor orders to be paid by Valentin Martin, according to the tariff, are as follows:

To four instruments presented one with exhibits five dollars                                  $5.00

To eight writs at one dollar each                                                                                 8.00

To Two correlative answers at $2.00                                                                           2.00

To service of four writs at $1.25 each                                                                         5.00

To depositions of nine witnesses examined, less the fifty

       cents for each question at $2.00                                                                         18.00

To the notification of decision at 50 cts                                                                        . 50

                                                                                                                               $38.50

Which amounts to Thirty eight dollars and four reals.

            I swear not to have charged more.

                                                  Carlos Fernandez, (rubric)

References:  Spanish Archives of New Mexico, Series I, Twitchell 987, Reel 5, Frames 725-824

©Henrietta M. Christmas