Marcial Torres Division of Estate 1763 (2)

In the said city, of the day, month and year aforesaid, I the said Lieutenant, having seen the statement made by Antonio Martin, and obedient to the mandate of his Lordship, that inventory be made of the goods left by the death of Marcial Torres, and recognizing that all the good enumerated in said statement have fixed prices according to the current values of the country, and that the appointing of appraisers will occasion expense, I deem it convenient that the inventory be made according to the values current and this being done, that copies of these proceedings be furnished Valentin Martin, husband of Leonarda Torres, daughter of Marcial Torres, deceased by his first wife, that he may plead in behalf of his rights all that which may be equitable, and state if there be any other goods aside from those mentioned which belong to the estate; as also he will under the obligation of his oath state what of the goods of the deceased have come into his possession through his wife, Leonarda; that is view thereof just provision may be made.

      

I so provided ordered and signed acting as such judge to which I certify.

                                                Carlos Fernandez, (rubric)

Witness:       Miguel de Aliri, (rubric) and Salvador Sandoval, (rubric)

In continuation, I the said Lieutenant, in virtue of the foregoing, by me ordered, I proceeded to make the inventory in the following form:

First: Sixteen grown cows, seven of them with calves, at twenty-five pesos each, and the seven dry cows at twenty,                                                                                                      $355

       Three heifers, two years old at twelve pesos                                                      36

       Two heifers, one year old at six pesos,                                                               12

       One two-year old bull at twelve pesos                                                                12

       Six old horses at $15 each, ninety pesos,                                                            90

       One mule, three years old at thirty-five pesos                                                     35

                                                                                                                                 $540

The value of the house and farm lands in the Taos Valley are not stated here because there is no one at this place who can appraise them, not knowing their size, or boundaries, and because those are divisible between the heirs, without appraisement.

The two debts due the estate are not noted because they are not verified.

The total value of the property is five hundred and forty pesos of the currency of the country, and deducting from said amount the charities, or alms, of the three novenaries of masses as shown by the three receipts of the two Reverend priests, that form the heading of these proceedings, which amount to the sum of fifty-four pesos, $ 54.

      

And the four horses and the four cows, two of the latter with calves, that appear to have been delivered to don Mateo del Pino, as verified by his receipt, amounts to One hundred and fifty pesos.                                                                                                                          $150

       Amounting altogether to two hundred and four pesos,                                      $204

Which taken from the total of five hundred and forty pesos which he, (Antonio Martin) had received, leave the net sum of three hundred and thirty six pesos,  $336

Currency of the country.

In testimony whereof, I signed acting as such judge, to which I certify.

                                                            Carlos Fernandes (rubric)

Witness:  Miguel de Aliri, (rubric) and Salvador Sandoval (rubric)

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At the said city, day, month and year aforesaid, I the said Lieutenant having finished the inventory, in which it appears; attentive to the statement made in the declaration made by Antonio Martin, that three oxen belonging to the estate are in the possession of Valentin Martin, as well as three cows, one of them with calf, and two horses that were separated from this property by the sons of the deceased Lobato, as belonging to Jacinta Torres, captive.  I commanded that all be delivered to the said Antonio Martin, as trustee appointed by his Lordship, who shall be instructed in his charge and obligation, in proper time.  Commencing first with the answer which Valentin Martin should make, and a sworn statement of Juan Domingo Lobato, in which he deposes as to the condition in which the cows and horses, which he separated as belonging to the said Jacinta Torres, are.

That is view of all thereof he may proceed to make the appropriate division.  I further command him and the said trustee to seek and collect all debts which he notes and all others whatsoever that may be found due this estate.

I so ordered, provided and signed acting as such judge to which I certify.

Carlos Fernandes, (rubric) and Witnesses: Miguel de Aliri, (rubric) and Salvador Sandoval, (rubric)

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Valentin Martin, a resident of the place called Las Trampas, appears before you in the form of law, waiving no rights to which I may be entitled in the case pending, and state; that inasmuch as there had been delivered to me the proceedings in this case by the Lieutenant, Carlos Fernandes, that I may answer to the charges therein made against me, and finding therein an instrument presented by Antonio Martin, which is made a part of these proceedings, and having made myself acquainted with the contents thereof, in one deposition to be found two sheets (4 pages) back of said proceedings, in which Antonio Martin declares and says that he told him that the said Marcial Torres, deceased, my father-in-law, that he told him that he (the father-in-law) had given me a cow, as inheritance.

I do not deny this further than as to the age of the cow.  The one my father-in-law gave as a little, recently born calf, given to a daughter of mine.  This calf was enclosed in my father-in-law’s corral until it was three years old, when it was delivered to me.

He also says on the same leaf above cited, in which he declares that three cows and two horses were delivered to me that belonged to the estate of Julian Jaques.

I do not deny, but I make the distinction between the three cows which the said Antonio Martin says I received from Juan Domingo Lobato, that one had a calf, one was a dry cow, and the other was a two year old heifer.  The latter as given in payment of funeral honors of the deceased, and the dry cow for a novenary of masses, as attested by two receipts in possession of the Rev. Priest, Father Andres Garcia.  The other with a calf remains in my possession.

Relative to the horses, one I paid to Juan Ricardo Martin, as the deceased owed it to this said gentleman.  Lieutenant Romero was present and saw it delivered.  The other remains in my possession with the difference that it may be dead by this time as it was delivered to me lame, with one leg much swollen.  These said goods I collected as they belonged to Jacinta Torres, sister of my wife, and not as belonging to me. As also the three oxen, which are included in the estate of the deceased, Marcial Torres, are in my possession, not by design, but because I happened to meet them while I was going to Taos for some mares belonging to Pablo Pando, which he had left in my charge.  I met the said oxen and drove them because I had noticed that they were lost.  I also state relative to another horse which they add to the property of the deceased Julian Jaques.  According to “rumor”, (noticia) Juan Domingo Lobato delivered it to Lieutenant Francisco Sanches in payment of a novenary of masses.

      

Antonio Martin also says in the aforementioned declaration that he delivered to Juan Domingo six horses.  I know from a written statement which is in my possession, that was made by the said Juan Domingo Lovato, (torn) which he delivered to the said Antonio Martin, says there were seven horses besides the little mule.   But for the justification of this your Honor may be pleased to summon before you the said Juan Domingo Lovato, who has understood the delivery of the said goods.

      

Moreover, if my father-in-law, now deceased, gave my daughter said little calf, it was an act of kindness on the part of a grandfather towards his grandchild.  I do not think that for this I should be denied the right I have to the said property.  For all of which I humbly pray, of Your Honor, that you may be pleased to grant my petition, wherein I will receive favor; and I swear to God and the Holy Cross not to be of malice, this my petition, in all that may be necessary, etc.  Request of Valentin Martin

                                                            Pedro Tafoya

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At this place called Soledad, on the twenty-seventh day of February, I received from Antonio Martin the foregoing writs, and in conformity with the mandates therein of the acting Lt. Captain don Carlos Fernandes, I declare that I make the statement according to instructions, and as I should in a Christian-like manner, under the oath I am ordered to make, and I say, relative to the cows, I know that with one which was given the late Julian, by his father-in-law, he raise the other two.  As to the horses he acquired them by his own efforts.  Not having more to say, I add my signature.

                                                  Juan Domingo Lovato, (rubric)

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At this said city of Santa Fe, on the fifth day of the month of May, in the year seventeen hundred and sixty, I the said acting Captain having seen the answer made by Valentin Martin, and the statement made by Juan Domingo Lovato, and recognizing that neither of the first or second marriage, are there letters of dowry, nor capital, nor instrument whatsoever, which gives light, by which the divisions may be made; and also that further process in the case will consume the little remaining property, I have seen fit to decree that the said property be held and recognized as financial property and in virtue thereof, that half of the net assets shall be assigned to the second wife, who is now in captivity, and the other half be divided between all the children; those of the first, as well as those of the second marriage; and to Valentin Martin, there shall be delivered his share, and all the rest shall remain in possession of Antonio Martin, as trustee, appointed by his lordship.

      

I so determined, ordered and assigned, as such judge, to which I certify.

                                                  Carlos Fernandes     (rubric)

       

In continuation: In virtue of the foregoing by me ordered, I, the said Lieutenant proceeded to make the division in the following form: The net amount being three hundred and thirty-six pesos, plus seventy-five pesos for the three oxen that are in the possession of Valentin Martin, make the total sum of four hundred and eleven pesos.  The share of the captive widow is two hundred and five pesos and fifty cents, divided between the nine children of the late Marcial Torres – notwithstanding that there were eleven children – it appears from the statement of Antonio Martin that Pablo and Francisca died and that Pablo left no issue.  The share of each one is twenty-two pesos and seventy-eight and one-eighth cents, and because in the statement of Juan Domingo Lovato it appears that one cow was given to Jacinta by her father with which were raised by the other two, therefore, there should be deducted from her share the value of said cow, she having already received it, and divide pro rata between the other eight children this amount, being twenty pesos, the share of each one is two pesos and fifty cents, which added to the twenty-two, six reals and one quartilla, (22.78 1/8) makes the sum of twenty-five pesos, two reals and one quartiba, (25.28 1/8) each. 

Relative to the house and ranch, the division thereof shall be made upon the same basis.

In testimony hereof I have this signed, at this aforesaid city, day, month and year above written, acting as said judge to which I certify.

                                                          Carlos Fernandez     (rubric)

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Mr. Lieutenant unattached, Alcalde mayor and War Captain:

      

I, Antonio Martin, resident of Embudo, appear before Your Honor, in the best legal form compatible with my rights and state: That relative to keeping the property belonging to my son-in-law, Marcial Torres, deceased, by order of Señor don Francisco Marin de Valle, actual Governor of this Kingdom; that gentleman having deposed of the matter by commissioning Your Honor to make division thereof in conformity with the decree; and Valentin Martin, one of the heirs of the deceased, by his first marriage, having later gone before Señor don Tomas Velis, present Governor of this Kingdom, and said present Governor commanded that he receive his share as decreed, which he refused to do, but to the contrary he prefers many charges against me to the effect that I detain property belonging to him and other compositions so annexed.  (?)  It being impossible for me to determine upon anything, I request that Your Honor be pleased that this property be placed in the possession of whosoever Your Honor may see fit; or that this party may hold it, because I cannot determine upon it further than I am commanded; and despite the fact of my having an interest therein, the said Valentin fulminates charges against me in this particular.

      

Therefore, Your Honor may be pleased to so order, and his Excellency, the Governor to deliver to the said Valentin the half of the corn that was at Taos.  I have asked him to receive it but he has refused.  The said Valentin having charged me with goods which the said deceased took into Taos.  I have asked some persons, and for its reality I present to your Honor the enclosed from which your Honor will take under consideration all of that theretofore, presented against me.

      

For all of which I ask and crave that Your Honor determine that said property be held intact as it should, that nothing be said, and in all that your Honor may find as just.  In which I will receive favor.  And I swear to be in good faith, and in that which is necessary, etc. etc.

                                                  Antonio Martin     (rubric)

Soledad, October eleventh seventeen hundred and sixty-two.  

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

  ©Henrietta M. Christmas