My friend and colleague, Patricia Sanchez Rau is helping out with the wills, look what she found!!
ARCHIVE
1049
PUBLIC
SURVEY OFFICE
Description:
Dates:
January 3, 1753
Subject: Estate
of Clara de Villareal
Partition made at the request of Juan Joseph de
Arguello by Nicolas de Ortiz, Alcalde of Santa Fe
Margin Note:
Inventory and partition in favor of Juan Jph. (Joseph) de Arguello
#789
(Original Number)
Señor Alcalde Mayor, don Nicolas Ortiz,
I, Juan Joseph de Arguello, a resident of the
settlement of San Joseph de Gracia, jurisdiction of the Picuris Pueblo, appear
before your honor in the best form possible according to the law and favoring
me, and say, that my mother-in-law, Clara de Villareal, mother of my wife,
Joaquina Rodriguez, died in this villa in April of this past year of ’52. At her death, there was some community
property left for the benefit of only one legitimate daughter, as heiress, my
wife Joaquina Rodriguez. The said estate
remained in the possession of my father-in-law Melchor Rodriguez. It now appears that my said father-in-law is
about to contract a second marriage, and since he may have children of the
second marriage, from which suits and disagreements may arise, let your honor
deign to order, according to justice, that my said father-in-law deliver to my
wife, the chattels as well as the real estate from the community property which
belong to her from her mother’s share, and that these be divided in equal parts
between my wife and my father-in-law by the royal courts. For all of which and the rest I ask and
request your Honor to deign to and decide as I have requested, because it is
just. I swear in the form that this, my
petition, is no made in malice but through necessity, etc.
Joseph de Arguello (Rubric)
In the villa of Santa Fe, on the third day of the
month of January of the present year, seventeen hundred fifty-three, I Captain
don Nicolas Ortiz, Alcalde Mayor of this said villa and jurisdiction,
representing Señor don Tomas Velez Cachupin, Governor and Captain General of
this kingdom, in compliance with my duty and in consideration of what this
party asks regarding the estate left at the death of Clara de Villareal, his
deceased mother-in-law, to the effect that it be delivered to Joachina
Rodriguez, her legitimate daughter and heiress of the deceased; in attention
thereto I summoned Melchor Rodriguez to appear before me and the witnesses and
when present I order him to manifest all the chattels left by his deceased wife
at the time of her death, and which are no in his possession, both real and
personal property and the other jewels which were known to have been left by
the said deceased, in order that I might act in justice according to reason.
I, the said Alcalde Mayor, acting as Jues Receptor, so
decreed, ordered and decided with the assisting witnesses in the absence of a
public or royal notaries, there being none in this kingdom, all of which I
certify.
Nicolas de Ortiz (Rubric)
Judge Receiver,
Witness:
Franco Guerrero (Rubric)
Witness:
Lucas Moya (Rubric)
On said day, month, and year, I said
Alcalde Mayor, in pursuance of these proceedings, and in order to proceed with
the inventory and partition of the estate of the said deceased, and in order to
find out what they are, so as to satisfy the interested party and heiress of
said chattels, should order and did order that Melchor Rodrigues present,
according to his conscience and under oath, the chattels remaining in his
possession. I so decreed ordered and
signed with the assisting witnesses acting as aforesaid, on said day, month and
year. Ut Supra
Page 3
Nicolas de Ortiz (Rubric)
Jues Receptor
Witness:
Franco Guerrero (Rubric)
Witness:
Lucas Moya (Rubric)
On said day, month and year, I, said
Alcalde Mayor of said villa and its jurisdiction, Melchor Rodriguez, being
present, took his oath, which he made in the name of God, our Lord and by the
sign of the cross, under which oath, he promised to tell the truth concerning
whatever he might be asked. When he was
notified according to the preceding decree he was to give information as to the
manifest of the estate of the deceased Clara de Villareal, his wife, now in his
possession. He said that when he married
the deceased that neither she nor he had any property whatever and that by
diligence and hard work, they acquired the little they had, which was left by
the deceased and which he presents in the following form and manner:
First he declares as chattels of each one,
6 breeding cows, 1 with calf 06
Item:
5 Oxen broken to the plow 05
Item:
1 male mule 01
Item:
2 horses 02
Item:
1 cart – equipped 01
Item:
1 large chest with key 01
Another small chest 01
Item:
1 large chest without a key 01
Item:
A serge skirt 01
Item:
1 scarf of half silk 01
Item:
Some enameled coral bracelets 01
Item:
1 kitchen spoon and spit 01
Item:
1 small house and a piece of land that he interited from his deceased
father, Sebastian Rodriguez, all of which he sold for the sum of 98 pesos.
Item:
There is a six (6) room house at the lower end of the river of of this villa which he built himself, and
the said house has a large piece of agricultural land.
He stated that he had listed everything
and that there are no other goods in his possession. He says that what little more there was, he
spent for the funeral and Masses for the deceased, and only what was mentioned
remained. Regarding the skirt, scarf,
bracelets, kettle, spoon, chest and spt, he delivered them all as well as a
sieve to his daughter Joachina when she married.
In evidence of the manifest, I, said
Alcalde Mayor, acting as Jues Receptor, signed with the assisting witnesses in
the absence of public or royal notaries, there being none in this kingdom. The said Melchor did not sign, not knowing
how then I said Alcalde Mayor, signed it on this day, Nicolas Ortiz (Rubric)
Witness:
Franco Guerrero (Rubric)
Witness:
Lucas Moya (Rubric)
Appraisal of the Property
In the villa of Santa Fe, on the fourth
day of the month of January, in the year seventeen hundred fifty-three, I said,
Alcalde Mayor, in conformity with the manifestation made by Melchor Rodriguez
of all the property, should order and did order the appraisal of each thing in
its just value and price of men of knowledge and conscience.
In evidence, thereof, I, said Alcalde
mayor, signed with the assisting witnesses as aforesaid, all of which I certify.
Nicolas Ortiz (Rubric)
Witness: Franco Guerrero
(Rubric)
Witness:
Lucas Moya (Rubric)
First, 6 breeding cows at 20 pesos amount
to
120 pesos, currency of the land…120 pesos
For 5 gentle oxen at 25 pesos each, the
value is 125 pesos...125 pesos
1 male mule...30 pesos
For 2 hours at 15 pesos...30 pesos
For 1 burro...15 pesos
For new serge skirt at 36 pesos...36 pesos
For 1 scarf of half silk...10 pesos
For the chest with key...5 pesos
For another small chest...2 pesos
For another large chest without a key...2 pesos
For 1 kitchen spoon and 1 spit...2 pesos
For enamel coral bracelets...7
The said items amount to the sum of
382 pesos ...382 pesos
That sum divided in two between the
daughter and her father leaves to
each of them the sum of 191 pesos ...191 pesos
For the same reason I went to the
house of said Melchor Rodriguez and measured all the lands with a cord
measuring a Castilian vara; and measured from east to west they contained 928 varas,
I should say 29, which I divided between father and daughter and each is
entitled to 464 ½ varas. 464
½ varas
And from the 6 rooms, each one is
entitled to 3 rooms of the said house; and from the said lands, received by
said Melchor; he paid his son-in-law for his share of the male mule, which is
15 pesos 15 pesos
From the share of the burro 7 pesos
From the share of the small house
and lands contiguous to the house of his brother Esteban, who was on shares
with Pedro Felipe, his son, he insured to his daughter Joachina 34 pesos in the
lands from the lower house, which was the amount of her share of the said small
house and lands
34 pesos
At the same time, he insured the 15
pesos of the share of the horse she was entitled to.
15 pesos
With which he satisfied and paid to
his said son-in-law Juan Jph. de Arguello. Afterwards, from the surplus of the
lands on the maternal side which were delivered to him and from the six cows,
Melchor gave him three. Of the five
oxen, two and for the half of the remaining cow, they agreed on the payment
of 12 pesos and 4 reales which he
received to his satisfaction. With all
of which said Juan Jph. and his wife Joachina, were contented, paid and
satisfied, and they acknowledge and say that they will not ask the said Melchor
for any part of the estate and community property on the maternal side, now or
at any time. And, in evidence thereof, I
signed the said partition, acting as Jues Receptor with the assisting witnesses
in the absence of public or royal notaries, there being none in this kingdom.
It is on the present common paper,
because the sealed paper is not obtainable in these parts. All of which I certify.
Nicolas Ortiz (Rubric)
Jues Receptor
Witness: Franco Guerrero (Rubric)
Witness: Lucas
Moya (Rubric)
Reference:
Spanish Archives of New Mexico, Series I, Twitchell 1049, Reel 5, Frame
1264-1271.
©Patricia Sanchez Rau, 2014
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