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 17th 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 30th 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
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