Reference: Spanish Archives of New Mexico, Series I,
Twitchell 1057, Reel 5, Frame 1318-1326
©Patricia Sanchez
Rau
ARCHIVE
1057
Public
Survey Office
Description: Dated
Oct 2, 1765
Subject Matter: Estate of Nicolasa Montes Vigil, resident of
Chama, wife of Cayetano Pacheco, last will and testament and proceedings in the
settlement of the estate.
No. 905 (original number)
Year
of 1765
Petition
of Domo (Domingo) Montes Vegil against his son-in-law Cayetano
Pacheco
Señor Governor and Captain General
I, Domingo Montes Vigil,
a resident of the jurisdiction of the villa of Santa Cruz de la Cañada, appear
before your Excellency with the most advantageous recourse, in the best form
according to law and favorable to my right, and say, Señor, that a daughter of
mine, named Nicolasa, who had been united in a second marriage to Calletano
Pacheco, has died in said jurisdiction.
Her first marriage to Manuel Mestas, deceased, who left a minor
daughter, a year and some months old.
When my aforementioned daughter died, she left as her estate and that of
her first husband, the goods mentioned in her testament, which I present
herewith to your Excellency, because her said husband has taken from said
estate her funeral expenses and the rest of the things that present themselves for
a deceased person, without asking a single expenditure, on his part that he
should make as a husband’s as my poor little orphan has been robbed of her few
chattels, because it has come to my
knowledge that he has even taken what her (his wife’s) said husband had
given her at the time of her marriage, namely her dishes and clothing, and (as)
he has made the expenditures solely from the small estate of said minor – as I
say, thinking that this is not in reason, I appeal to the great justification
of your Excellency so that in view, thereof, you may, in justice, order the
Alcalde Mayor of this jurisdiction to look after and take care of the poor
little orphan and do whatever your Excellency may consider advisable and
just. In so doing, I shall receive
mercy and justice. I swear in due form
that this is not in malice but is necessary, etc.
Domingo Montes Vigil (Rubric)
Villa of Santa Fe,
October 16, 1765
Viewing this document and
the accompanying testament and heeding the clauses therein in order to verify
whether the chattels referred to came from the first husband of the deceased,
or whether they belonged to her as a dowry from her parents, I said that I was
ordering and did order that a sworn affidavit be taken under a religious oath
from the father of the said deceased, in which he shall state and say whether
he gave her a dowry at the time she was married to her first husband, and how
long she was wedded in the first marriage, in order to provide, in view thereof, what may correspond to
justice. I so decree and sign, don Tomas
Velez Cachupin, Governor and Captain General of this kingdom.
Velez Cachupin (Rubric)
In this said villa on
said day, month and year, by virtue of my preceding order, appeared Domingo
Vegil, mentioned in the above document, father of the deceased Nicolasa, and
consequently the grandfather of Maria Manuela, and orphan and minor; and when
he was present I took his oath which he made in the name of God, our Lord, and
the sign of the holy cross, under burden of which he promised to tell the truth
concerning what he knew and might be asked.
At this was according to the tenor of my order in the preceding decree,
he said: That all the chattels mentioned
in the testament executed by his daughter belonged to Manuel Mestas, her first
husband, with whom she lived for three years and three months, and that the
deponent did not give his daughter any property either when she was married or
afterwards; that what he said is truth and what he knows, under the oath he has
taken. He reaffirms and ratifies his
statement. He said he is seventy-four
(74) years old and he signed with me and undersigned witnesses who assist me,
with whom I act in the absence of notaries, of which there is none in this
kingdom.
Tomas
Velez Cachupin (Rubric)
Domingo
Vigil (Rubric)
Witness: Carlos Fernandez (Rubric)
Witness: Joseph Maldonado (Rubric)
Villa
of Santa Fe, October 16, 1765
After
examining the preceding deposition, and what Domingo Montes Vigil sets forth,
because it is understood from both that all the chattels bequeathed by the
deceased Nicolasa Montes Vegil, belong to her legitimate heir, a small daughter
of the first marriage, because the chattels belonged to her (the child’s)
father, the deceased having no right except the administration and guardianship
of same, consequently the said chattels to do belong (to her) nor are they
assets for the payment of the burial, funeral or other expenses defrayed.
I
order the Alcalde Mayor of Santa Cruz, don
Manuel Garzia Parejas, to order and compel Cayetano Pacheco, husband of the
second marriage with the full rigor of the law, to restore the property
mentioned in the testament: the mule,
the bracelets which were purchased with a mare belonging to the minor, and the
half of the value of the scarlet cloth skirt and the embroidered cape, because
half of both of these belonged by right to the deceased, and these only should
be used for her internment, and not the rest, because they belong to the
daughter by inheritance, according to the verbal evidence given by Domingo
Montes Vigil. In attention to the fact
that it has been represented by the above-mentioned that the aforesaid Cayetano Pacheco, took
back and dispossessed his deceased wife of the jewels given to her at the time
of his marriage to her, not permitting that they be mentioned in a testamentary
clause, I also order the said Alcalde Mayor that half of the value of the said
jewels given to the deceased woman by the aforementioned, her last husband,
shall be restored (by the latter) to the minor heir of her mother and the other
half shall be applied to the cost of the funeral and the rest of the expenses
of the said deceased. And in case that
the said Cayetano Pacheco does not comply with the order within seven (7) days,
he shall be imprisoned in the jail of this villa at his own expense. All the assets mentioned in the testaments
shall be delivered to Domingo Montes Vigil, as well as the person of his minor
grandchild, so he can look after, protect, raise and educate her. After everything is concluded, the said
Alcalde Mayor shall return these proceedings and original testament to me,
recording at the end of these proceedings the execution of the order of this
decree. I so provided and signed don Tomas Velez Cachupin, Governor and
Captain General of this kingdom, acting with the assisting witnesses in the
absence of notaries, of which there is none in this government.
Tomas Velez Cachupin (Rubric)
Witness: Carlos Fernandez (Rubric)
Witness: Joseph Maldonado (Rubric)
In
this district of Nuestra Señora de la Soledad del Rio Arriba, on the second day
of the month of November, in the year one thousand seven hundred sixty-five, I
don Manuel Garcia Pareja, Alcalde Mayor and Captain of War of the Villa of
Santa Cruz de la Cañada and its jurisdiction, having received the foregoing
decree issued by Señor don Tomas Velez Cachupin, Govern and Captain General of
this kings, in favor of Domingo Montes Vigil, caused Cayetano Pacheco, widower
of the deceased Nicolasa Montes Vegil, to appear before me whom I advised of
the said decree, so that I could execute the order in same. He at once obeyed and delivered all the
jewels that he had in his possession, and he also completed the rest which he
had paid for the funeral. When they had
been delivered, the said Doming Vegil, as guardian of his grandchild, remained
content, satisfied and paid. All of which
was executed before me, said Alcalde Mayor, and the assisting witnesses with
whom I act. The said Montes Vegil signed
with me, and in evidence thereof, I signed as Receiving Judge on said day,
month, and year; all of which I certify.
Manuel Garcia Pareja (Rubric)
Domingo Vegil (Rubric)
Anto
Beittia (Rubric)
Pedro
Anto Martin
(Will
of Nicolasa Montes Vegil)
In
the name of Almighty God. Amen.
Know
ye all who may see this last will and testament, that I Nicolasa Begil,
resident of the locality of Chama, legitimate daughter of Captain Domingo
Montes Begil and of Maria Estela Marqs, being, as I am, ill in bed,
because of the sudden illness which God has seen fit to send me, having
received the holy sacraments of Communion, Penance and Extreme Unction, being
in my whole and sound mind, complete memory and volition, believing, as I
firmly believe in the mysteries of the most Holy Trinity, Father, Son and Holy
Ghost, three distinct persons and only one true God, and in all of the rest
which our Holy Mother, Apostolic, Roman, Catholic Church holds, believes, and
confesses; fearing and dreading death as a natural thing and a debt which we
must pay, take as my intercessor, as I always have, the ever Virgin Mary, our
Lady conceived without stain of original sin and my holy Guardian Angel, my
patron saint and all the other saints in the court of heaven, in order that
they may entreat our Lord, Jesus Christ, to forgive my sins and take me to
enjoy his glory, and I invoke the grace of the Holy Ghost, I make and execute
this my last will, in the following form and manner:
First,
I commend by soul to God, our Lord, who redeemed it with the infinite price of
His blood, and the body to the earth from which it was formed. I declare that if God shall be pleased to
take me to himself; my body shall be buried in the holy church of Santa Clara,
and be shrouded with the habit of St. Francis, which I choose from this
time. All of my funeral expenses shall
be paid from the residue of my estate, and in the future, lest not the welfare
of my soul be forgotten.
Item: I order that one peso shall be paid from my
estate as alms to each of the forced bequests (almas forzosas) and not one shall be omitted, especially the
one of Our Lady of Guadalupe.
Item: I declare that I have been married twice
according to the rites of our Holy Mother Church; the first time to Manuel
Mestas, now deceased, from which marriage we had and procreated one daughter
named Maria Manuela. In the second
marriage, in which I was married to Cayetano Pacheco, we had no children.
Item: I declare as my property three cows with calf,
two bulls, one three year old bull and one heifer going on two years old, one
young bull, a yearling, two male mules, one mare, one ox, one lance, one
embroidered cape, a scarlet cloth skirt; some bracelets of intricate coral
discs, one silk handkerchief; one reliquary trimmed with silver; one Tobajilla
(scarf) already worn out, one painted chest from Michoacan with its lock; one
Rouen linen skirt which she wore, two pairs of used skirts.
Item: I declare that Joseph Torres owes me twelve
pesos.
Item: I declare that Francisco Begil, the half
breed, owes me eight pesos.
Item: I declare that Julian Begil owes me eight
pesos.
Item: I declare that Juan Tafoya owes me a chamois
skin and three varas of linen.
Item: I declare that Anto Gutierrez owes
me two pesos.
Item: I declare that Felipe de Guschipan owes me
four pesos.
Item: I declare that I owe for two Masses, one to
San Juan Pomuceno and the other to the Most Holy (illegible abbreviation). I order that they be paid from my estate.
I name my husband
Cayetano Pacheco as my executor to comply with and pay this, my last will and
testament and that which is contained therein, in order that he may receive and
collect them after my death within the time prescribed by law, which, if more
time is needed I extend. After this, my
last will has been fulfilled and paid, my daughter shall inherit the rest of my
estate which may remain and may she enjoy it with God’s blessing and with
mine. I herewith revoke and annul any
other testaments, wills, powers of attorney and other codicils I may have made
and executed before this, in order that none may be valid or credited except
the present which I desire shall be valid, complied with, executed and kept as
my last, final, and free will. In
testimony whereof, I so executed in this place of San Jose de Chama in the home
of the home of the grantor on the 2nd day of the month of October,
in the year one thousand, seven hundred sixty five.
In order to give it
greater validity, she asked and requested me, don Manuel Garcia Pareja, the
Alcalde Mayor and Captain of War of la Villa Nueva de Santa Cruz de la Cañada,
to interpose my authority and judicial sanction. And I said Alcalde Mayor, say that I am
present at the execution of this instrument, as I am, and I interpose my said
authority, insofar as it is conferred upon me by law. I attest that I know the grantor and I
likewise certify that she is in her whole and sound mind. Because she did not know how to sign, I, said
Alcalde Mayor, signed it with my assistants as witnesses because there is no
notary within the limits prescribed by law, and it is on the present paper
without prejudice to the royal estate because the sealed paper is not current
here. Done on this said day, month and
year, to all of which I attest.
Manuel Garcia Pareja (Rubric)
Jues Receptor (Receiving Judge)
Joseph Vigil
(Rubric)
Joseph Trujillo
(Rubric)
Reference: Spanish Archives of New Mexico, Series I,
Twitchell 1057, Reel 5, Frame 1318-1326
©Patricia Sanchez
Rau
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