Antonio Pacheco ~ Will 1735

I, Antonio Pacheco, a resident of this villa of Santa Fe, being sick in bed and ill, make my final testament. 

I declare that I was married to Phelipa Ramirez, my lawful wife, for the period of seventeen years.  During our married life we had and reared six children, whom I declare as my legitimate heirs and are:  Juan Rafael, Quiteria de la Cruz, Maria Francisca, Bicenta Antonia, Juan Antonio, and another Maria Francisca.

I declare that I have as property one house which consists of six rooms with a blacksmith shop.  The said blacksmith shop contains one anvil, hammer, pincers, file, bellows and a sledge-hammer.

I declare that I have some land which I bought from Antonio Bernal, another tract of land which I bought from Isabel Lucero “La Linares,” another tract of land which I bought from Maria Telles Jiron, “la Sapata.”

Two she burros.

I declare that I am indebted to don Pedro Alsuina, a merchant of Chiguagua for ten pesos.

To don Joseph Riano, for one horse.

I declare that I am indebted to my compadre, Juan Rodrigues, for two horses and twelve pesos.

I declare that the above is my only indebtedness and that no one owes me anything.

I declare that the administrators of my property shall be my dear wife, Phelipa Ramires and order that my wife inherit half of my property, and the other half be divided among my children; first deducting there from, before asking repartition of property, two tracts of land, one being a house lot with a small garden tract, which is to be given to my brother, Nicolas Ramires; and the other being a small tract of land, which I leave to my brother Lorenzo Ramirez.  The foregoing is my will of which my wife is aware and she as the administratrix is to designate the boundaries.

All the foregoing too place before me, Antonio Uribarri, alcalde mayor and Captain of War of this villa.  The said Antonio Pacheco did not sign, because he did not know how to write.  To which I certify.

Antonio de Uribarri, rubric; wit/ Juan Rodrigues, rubric; Juan Manuel Chirinos, rubric.

*He was buried June 16, 1734 in Santa Fe. The document is not dated.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1222, Reel 6, Frames 745-747

©Henrietta M. Christmas

Salvador Martinez ~ inheritance 1736

January 20, 1736

Salvador Martinez a resident of Albuquerque of this government, as husband and allied person with Rosa Garcia, the legitimate daughter of Luis Garsia and Josefa Valverde, deceased, in the best possible way according to the law, reserving all rights.  He presents himself before your Excellency and says:  that my said mother-in-law died last year in ’35 on the 20^th of January and did not leave a will or anything else, not having any kind person to advise her in time; and so it is, that when she contracted the aforesaid marriage to the said Luis Garsia, my father-in-law, neither one of them, brought or took any capital whatsoever.  They were married in very poor circumstances as is well and publicly known.  Afterwards, during their marriage, God deigned to give them some property which, on account of being community property, is divisible between both together; and in her absence, to her heirs, this being certain, without the least doubt, by virtue of which, when some days had passed after the death of the said deceased, I called my said father-in-law to account extra judicially and in a friendly manner, in order that, in consideration of the death of the aforesaid, and that my wife was her only general heiress because she had no other, he would deliver to me the maternal share which was her apportionment that is, the half of the property, which according to law belongs to the aforesaid, my wife, by reason of community property.  My petition being so just, my said father-in-law has ignored the calling to account which I made concerning the subject and he absolutely refused to give me a thing, on frivolous pretexts, of no value, in order not to execute it.  Because there is no reason or right whatever for him to keep that which falls to the share of and belongs to the aforesaid, my wife, I resort to Your Excellency justification, whom I humbly beseech to deign to summon the aid Luis Garcia to appear before you; and notifying him of this, my request, h shall then and there, immediately without delay or excuse of which he might desire to avail himself, deliver to me, as the husband of the said Rosa Garcia, all of the estate and effects, that my reason of being community property belonged to my deceased Señora and which existed at the time of her death, and with no consistence whatever he has mortgaged it, without giving me the allotted share. Such as horses, mules, cows, and ewes, of which my said wife was the only heir. 

Another item, a little Indian girl that the said mother-in-law left my wife, “which a relative presented to her, this one does not belong to the estate of your father; this girl I leave to you, take care of her, so that she will serve you.”   But she has not been delivered to us either. 

In the villa of Santa Fe on the 30^th of January 1736, having been examined by me – Colonel don Gervasio Cruzat y Gongora, Governor and Captain General of this kingdom of New Mexico, I deemed it presented according to law; and I was obliged to order and did order that a copy be given to Captain Luis Garsia, that he may answer. So decreed, ordered and signed with my assistants.

Don Gervasio Cruzat y Gongora, rubric

Wit/ Juan Antonio de Unanue, rubric and Gaspar Bitton, rubric.

Reference:  Spanish Archives of New Mexico, Series, I, Twitchell 1221, Reel 6, Frames 743-744.

©Henrietta M. Christmas

Estate of Francisco de Jesus Espejo, Albuquerque ~ 1733

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1219, Reel 6, Frames 724-738.

©Patricia Sanchez Rau

ARCHIVE 1219

Public Survey Office

Date:  June 5, 1733

Will of Francisco de Xesus y Espexo, Resident of Albuquerque, and proceedings in the settlement of his estate.

In the name of Almighty God, Amen

Know all who may see this last will and testament that I Francisco de Xesus y Espexo (sic) resident of the Villa of San Felipe de Alburquerque, legitimate son of Joseph de Xesus Espexo, Colonel and Maestre de Campo in the city of Cadiz (Spain) and of Maria Francisco Soltero, being ill in bed, although in sound mind, make this my last testament.

Two paragraphs of church language

I want my body to be shrouded with the garment of my father Saint Francis and to be buried in the parish church of this villa, of which I am a resident, and on the day of my burial a funeral Mass shall be celebrated with vigils and all of it shall be paid out of my property.

Item:  I bequeath to the mandatory legacies ten pesos.

Item:  I declare as my property two spotted horses, one chestnut horse, one honey colored horse, one sorrel, one blue pinto, one cross bred roan, one roan in the possession of Corporal Felipe; four which are at Rio Arriba, two roan ones, one sorrel and one shining black, two horses that have to be brought to me by Ensign Moreno, one honey colored horse and a bay one.  The bay I loaned to Alcalde don Juan Gonzales to buy a shoulder belt with he, he agreeing to give me another one, one brown mare – seven hands high with a forelock, which is in the possession of Luys (sic) Garcia, two horses that have to be delivered by don Joseph Carpio, which all together make eighteen horses of which eleven are ordinary horses for trading and the others good ones;  also two gray female mules, one bay and another mixed; two brown pack mules, a sorrel male mule which must be delivered to Diego Torres; another small brown male mule of medium size which has to be delivered to Bermexo (sic), who gave me a coarse woolen bag; a road mule with the brand of Ysidro Amparen and two other branded horses, not counter branded, which I bought from the old man Guchapeno who assists the runner from El Paso to Chiguagua and from Amado Artiaga two Mexican pack saddles which are in the possession of Luys Garcia with its wrought accoutrements, the box in possession of Reano with the articles contained in it.

Item:  Whatever may be set down in the book of accounts owned me by several individuals;  likewise, I declare that I owe don Joseph Dias del Carpio what may appear in his account.

Item:  I declare that at the Rael de Chiguagua I owe don Miguel Clemente eighty-four pesos.

Item:  To don Christobal, forty four pesos.

Item:  To doña Albire (sic), the daughter of don Garsia, fifty eight pesos.

Item:  To the teacher Frios Elebera (sic), a little Indian girl, twelve or thirteen years old.

Item:  I also owe the said Rios, a pair of spurs for twenty pesos.

Item:  I declare that I have in the possession of the blacksmith, Antonio, residing in the villa of

Santa Fe, thirty wooden plough points, at two pesos each and thirty knives for trading.

Item:  Twelve large chamois skins owed me by don Francisco Gerero (sic).

Item:  Information shall be obtained from the sister of Gillenso concerning what three women owe who went with her to buy some chinaware, and also the one that lives at the house of Tafoya, in order that they may tell what they obtained when they went with her, which is what they took.

Item:  One painted box which is at the house of Reano, valued at ten pesos and which is from Michoacan.

Item:  I declare that I have a good cowboy saddle which cost me thirty-five pesos without decoration and the ornamentation of the corners; the covering for the hind quarters and the draperies cost me eighteen pesos in coin.  Ten dozen beads, ten pesos, branding irons, twenty reales, an ordinary bridle, a gun with its case, two pistols which cost me thirty pesos; a small short sword which cost twenty-five pesos in reales with a chape (?) of silver, some spurs with silver buckles which cost me thirty-five pesos, saddle pads; a shield, one knife which is worth six pesos; one cloak of Cretan cloth with flannel from Castile on the reverse side; and the other clothing that may be found it is my last will that the same be distributed amongst the poor, that they may commend me to God.

Item:  In the possession of don Juan from Palacios is a hat from Tarea valued a six pesos which was delivered by Marzial Rel (sic).  I owe the said don Juan, one vara of glazed linen for lining.

Item:  To don Juan Manchego, I owe four pesos.

Item:  To don Juan Riano I owe and I am paying him, one dapple horse which he likes.

Item:  In order that this my will and testament may be fulfilled according to what is therein contained, I leave and appoint don Joseph Riano as my executor, to whom I give power and faculty insofar as the Law required it, that he may comply with and pay this my testament, without failing in anything, because it is my last will, for the effect and validity whereof I execute it before the Lieutenant Alcalde Mayor of this villa of Alburqeqe (sic) and its jurisdiction, Geronimo Xaramiyo (sic), and I the said Lieutenant Alcalde Mayor, certify that I know the grantor and that he is in his sound mind and understanding, and that it may so appear a witness signed and authorized it for the said Francisco Xesus Espexo, because he did not know how to write, and the one who signed it was Joseph Perez Mangas who signed with me, said Lieutenant and with my attending witnesses, acting by appointment for the lack of a public or royal notary.  The instrumental witnesses who were present were Alonzo Garsia and Lucas Casteyano (sic) to which I certify.  Completed on this the fifth day of June in the year one thousand seven hundred and thirty- three.

            By request of Francisco de Xesus y Espexo (sic)

            Joseph Perez Mangas (Rubric)

Attending witnesses:  Lucas Castellano (Rubric)

                        Joseph Perez Manages (Rubric)

Before me, acting by appointment,

            Geronimo Jaramillo (Rubric)

Señor Governor and Captain General

Don Joseph Riano appears before your Excellency in the best form according to the law and favorable to his right and says that don Francisco Espejo having died in the villa of Albuquerque, and having left him as his testamentary executor and guardian of his property in order that the same may be inventoried, and after this business has been attended to that the property may be placed at public auction and sold to the highest bidder, that from its product, and from some debts due the deceased which said deceased owes in Chihuahua may be paid and some suffrages may be offered for his soul, your Excellency must be pleased to submit these proceedings to the person whom you may see fit.  For all of which and the rest which he may be able to allege and which he may do in favor of the said deceased.

I ask and request your Excellency with due submission to be pleased to do as I have requested, in which I shall receive favor and grace with justice, answering this petition in due form because it is not in malice, costs and necessary, etc. 

            Joseph de Riano (Rubric)

In this villa of Santa Fe, on 17^th June, 1733, the foregoing petition having been examined by me, don Gervasio Cruzat y Gongora, Governor and Captain General of this kingdom of New Mexico and its provinces for his Majesty, considered it as presented together with the testament attached to it; and in consideration of the contents of the same, I was obliged to say and did say, that after the inventory has been made by don Joseph de Reano before the Justice of this villa, he may be allowed, as executor for don Francisco Espejo, deceased, to hold a public auction of the property and sell it to the highest bidder for the purposes mentioned in this petition and attached testament, and a record shall be made of all that may be produced by the said sale.  I so provided, ordered and signed with my assistant witnesses for want of a public or royal notary, of which there is none in this kingdom; and it is on the present common paper, because there is none of the sealed in these regions.

            Don Gervasio Cruzat y Gongora (Rubric)

Witnesses: Gaspar Bitton (Rubric)

Bernardo Antonio de Bustamente y Tagle (Rubric)

In this villa of Santa Fe, capital of this kingdom of New Mexico , on the eighteenth day of the month of June in the year 1733, I Captain Antonio de Urrivarri (sic) Alcalde Mayor and War Captain of this villa in obedience to what has been commanded by Colonel don Gerbasio Cruzat y Gongora, Governor and Captain General of this kingdom and its provinces of his Majesty, went with two witnesses who assist me to the house of don Joseph de Riano, for the examination of the property which, by the death of don Francisco de Espejo, is in possession of the said don Joseph de Riano, as executor for the said deceased, as appears by a clause of this testament, and the property consists of the following:

1 cowboy saddle, as mentioned in the testament

1 pair of large spurs with silver buckles

1 ordinary bridle

1 gun with a case

Some saddle pads

A sword with silver chape

1 shield

10 horses which  consist of 2 spotted ones, 1 chestnut, 1 blue pinto, 1 cross bred roan, 2 sorrels, 1 shining black and 2 dapple grays.

4 female mules and 2 male mules

2 coarse cloth pack saddles covered with Mexican leather with lassos and ropes.

2 chests, one from Michoacan with a lock and key and other from Mexico without a lock in which are the following articles, 1 short red velvet cape, 1 red sash trimmed with silver fringe, 4 varas of calamanco, 1 knife without a case; 2 full lengths of ribbon, 1 small pieces of ribbon; one reliquary of silver with the glass broken; 11 rosaries, linked; 1 paper of needles, 1 vara and ¼ of fin gold galloon; 17 dozen small bells, 21 dozen small tin buttons, 3 pieces of lace; 14 small books of Saint Salvador de Orta, 2 skeins of white silk 10 strings of enamel (beads); 1 small mass of small ropes; 1 pair of old stockings; 2 razors; 1 elk skin tent; 1 small Apache saddle; 1 halter; 1 branding iron; 1 pair of broken stirrups; 4 bundles of tobacco; 2 pounds of indigo, 1 old kettle; 1 elk skin sack; 24 wooden plough points made in this kingdom; 1 pound and 12 ounces of iron.

Everything contained in this inventory remains in the possession of said don Joseph de Riano, as executor and guardian of the property of said don Francisco de Espejo, deceased.  That it may so appear through all time in these proceedings, I, said Alcalde, signed it with the undersigned witnesses who assist me, acting before me, Judge by special appointment for want of a public or royal notary, of which there is none of any kind in this kingdom, to which I certify.  Done on the 30^th day of June, 1733.

            Antonio de Uribarri (Rubric)

            Jues Receptor

Witnesses:  Bentura de Esquibel (Rubric)

            Juan Manuel Chirinos (Rubric)

In the villa of Santa Fe, Capital of the kingdom of New Mexico, on 18 June, 1733, I Captain Antonio de Uribarri, Alcalde Mayor and War Captain of the said villa, having made the inventory of the property of don Francisco de Espejo, deceased; since it appears in his testament that he had some debts in the Real de Chiguagua and some had to be paid in silver; and since it is evident from his testament that he did not leave any, his property is placed for sale at public auction by proclamation, in order that every person who may wish to, may buy what appears in said inventory, and that which may be paid for the said property shall be deposited with don Joseph de Riano, executor for the said deceased, in order that he may pay the debts and get a receipt for all.  I so decreed, ordered and signed, setting as specifically appointed judge with the witnesses who assist me for want of a public or royal notary of which there is none in this kingdom, to which I certify.

            Anttonio de Uribarri (Rubric)

            Jues Receptor

Witnesses:  Bentura de Esquibel (Rubric) and Juan Manuel Chirinos (Rubric)

In the villa of Santa Fe, on the 18 Jun 1733, having offered at public auction in this Royal Plaza, the said property of don Francisco de Espejo, deceased, as contained in the said inventory, when it was done, Lieutenant don Bernardo de Bustamante made a first bid of one hundred and thirty pesos in silver for six mules equipped with lasso and reata (rope) and ten horses.  For the saddle and short sword Joseph Francisco Montoya made a final bid of forty pesos for the said saddle and ten for the sword. In evidence thereof, throughout all of time, I signed it with my assisting witnesses for want of a public or royal scribe.  I certify

Anttonio de Uribarri (Rubric)

            Jues Receptor

Witnesses:  Bentura de Esquibel (Rubric) and Juan Manuel Chirinos (Rubric)

In the villa of Santa Fe on 21 Jun 1733, I, Captain Anttonio de Uribarri, Alcalde Mayor and War Captain of this said villa, put into execution by proclamation for the second time the auction of the property of don Francisco de Espejo, deceased and there was no person who would offer anything for said property.  That it may appear so, I said Alcalde Mayor, signed it with the witnesses who assist me for want of a public or royal notary of which there is none in this kingdom, to which I certify.

Anttonio de Uribarri (Rubric)

            Jues Receptor

Witnesses:  Bentura de Esquibel (Rubric) and Juan Manuel Chirinos (Rubric)

In the villa of Santa Fe, on 28 Jun 1733, the sale of the property of said deceased was promulgated for the last time; and there was a bidder –

Sgt. Juan Vigil for the 6 mules equipped and 10 horses, offered the amount of 210 pesos.

Bisente de Armijo offered 215 pesos for the said 6 equipped mules and 10 horses.

Juan Antonio de Apodaca bids 216 pesos for the said 6 equipped mules and 10 horses.

Don Bernardo de Bustamante offered 217 pesos for the said 6 equipped mules and 10 horses.

The aforementioned Bisente de Armijo offered 218 pesos for the said 6 equipped mules and 10 horses

The said don Bernardo de Bustamante bids 219pesos for the said 6 equipped mules and 10 horses.

Captain Manuel Thenorio bids 221pesos for the said 6 equipped mules and 10 horses.

The aforementioned Sgt. Juan Vigil bids 223pesos for the said 6 equipped mules and 10 horses.

The aid Captain Manuel Thenorio bids 225pesos for the said 6 equipped mules and 10 horses.

The said Bisente de Armijo bids 228pesos for the said 6 equipped mules and 10 horses, which are offered one, two and three times and sold to the person of said Bisente Armijo.

Don Joseph de Riano says that for that amount of money the same are his according to the law assists him, and which he has and which belongs to him as executor and guardian of the property, by virtue of which they are adjudicated to him by the Royal Justice.  And that it may so appear forever, it was signed by me, said Alcalde Mayor, acting as a special Judge with the undersigned witnesses who assist me for want of a public or royal notary of which there is none in this kingdom.  To which I certify.

Anttonio de Uribarri (Rubric)

            Jues Receptor

Witnesses:  Bentura de Esquibel (Rubric) and Juan Manuel Chirinos (Rubric)

In this villa of Santa Fe, on 30 June 1733, I Captain Anttonio de Uribarri, Alcalde Mayor of the said villa, do say, that having sold the 6 equipped mules and the ten horses which were offered for sale at public auction because of the death of don Francisco de Espejo, in order to pay the sum of two hundred and six pesos in silver which the deceased owed to different persons in the Real of Chiguagua, two hundred and thirty pesos for which the said mules and horses were sold, then remained in the possession of don Joseph de Riano as executor.  That it may appear so throughout all time, it was signed by me the said Alcalde Mayor and my assisting witnesses for want of a public or royal notary of which there is none in this kingdom, I certify.

Anttonio de Uribarri (Rubric)

            Jues Receptor

Witnesses:  Bentura de Esquibel (Rubric) and Juan Manuel Chirinos (Rubric)

In the villa of Santa Fe, on 11 August 1733, I, Captain Anttonio de Uribarri, Alcalde mayor and War Captain of this said villa, went to the house of don Joseph de Riano, executor of the estate of don Francisco de Espejo, deceased, in the company of don Bernardo de Bustamante and Corporal Juan Lujan, to appraise the property of said to appraise the property of said deceased that being information of each article, it may be sold by said don Joseph Riano, and it (the appraisal is as follows:

ITEM	PESOS	REALES
First they declare that the cowboy saddle, complete is worth	100
Some large spurs with silver buckles, thirty five pesos	35
One ordinary bridle, five pesos and a half	5	4
One gun with case, thirty pesos	30
Some saddle pads, four pesos	4
One sword with silver chape, forty pesos	40
One shield, three pesos	3
One painted box with lock and key from Michoacan	15
One Mexican Box without lock, twenty reales		20
One short velvet cape with fine gold galloon, forty pesos	40
One sash of silk with silver fringe, four pesos	4
Four and one half varas of calamanco, nine pesos	9
One belt knife, three pesos	3
Two full pieces and two small pieces of ribbon; for all nine pesos	9
One silver reliquary with glass broken, four pesos	4
Twelve rosaries, four pesos and a half	4	4
Some knitting needles, one peso	1
One vara and a quarter of fine gold galloon, twelve reales	1	4
Seventeen dozen small bells, eight pesos	8
Seven sets of tin buttons, seven pesos	7
Three pieces of white lace and two skeins of silk, for lace and silk, seven pesos and a half	7	4
For the enamels and beads, twelve reales		12
Two razors, twelve reales	1	4
One elk skin tent, six pesos	6
One Apache saddle, two pesos	2
One halter and a rope, three pesos	3
One branding iron, five pesos	5
Some old broken stirrups, three pesos	3
Four Bundles of Tobacco, eight pesos	8
Two pounds of crude indigo and one pound and a half of pure (indigo) six pesos	6
One old kettle, four reales	0	4
One elk skin sack, one peso	1
Twenty- four iron ploughpoints @ twelve reales each, are worth thirty-six pesos	36
Thirteen and one half pounds of old iron, six and one half pesos	6	4
Fourteen small books of San Salvador de Orta, three pesos	3
Twelve reales in cheap finger rings	1	4
One small scale and its weight, four pesos and a half	4	4
One horse and one mare, thirty pesos	30
Total Amount	456	0

Three hundred and nineteen pesos and four reales which is evident are due said Francisco de Espejo in his book of accounts                                                    319 pesos 4 reales              Total sum barring errors                                                             775 pesos 4 reales          

All of which remains in the possession of don Joseph de Riano; as in evidence throughout all time, it was signed by me, said Alcalde Mayor and its appraisers, don Bernardo de Bustamante and Corporal Juan Lujan, and the witnesses who assist me for want of a public or royal notary of which there is none in this kingdom.

                        Bernardo Anttonio Bustamante (Rubric)

Juan Lujan (Rubric)

Witnesses:  Felipe Tamaris (Rubric and Juan Manuel Chirinos (Rubric)

Before me as Jues Receptor by appointment,

Anttonio de Uribarri, (Rubric).

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1219, Reel 6, Frames 724-738.

©Patricia Sanchez Rau