Antonio de Luna ~ Estate Division 1784 con't

Division of property: 

I, doña Maria Catarina Pino answering the mandate in the charges made against me by the Guardian regarding the property which she notices missing in the inventories: will that I sold the leather jacket used by my have been in order to close his children and mine.  Regarding the chest, it is in existence. Regarding the adze and chisel, the adze was lost, the chisel is in existence.  Regarding the 60 ewes which he demands in which he says were taken by my husband, don Anacleto Miera, they were for the help and purchase of the house in which I live and will appear in inventories.   With regard to what he says about the shotgun in the land, the gun was given for one small house which is in the town which takes in the tract of land. Regarding the lance, it was given for one small house lot which belonged to another individual who left town.  Regarding the two hoes, the same were worn out and cultivation of the land. Regarding what he says are the missing 50 varas of land in the locality of Tome belonging to my deceased husband, I ask them to deliver the same to me and show me the same, as he was the executor for his father, so that at all times my children may have the right to said 50 varas of land; but to this present time I have been ignorant of such a thing. Regarding the deeds and other instruments pertaining to the ranch which I possess, the principal one to said ranch do not exist. I likewise ask your Excellency to be pleased order don José Castillo and don Joaquin, his brother, sons of the deceased don Miguel Alvarez, to execute the deed of sale to the said ranch for me. Regarding the masses for which I have paid, first to the Rev. Father Fray Cayetano José Bernal there are 70, notwithstanding that I have exhibited enclosed receipt from the said priest which shows 60. I also had two other receipts for masses. I also have paid the Priest for 21 masses, the receipt for which will be delivered by said Father. I have also paid my brother, José Francisco Pino, for 20 masses with a horse which I have delivered to him, the receipt for which shall be collected from the priest to whom my said brother should have paid for the same.  I also have paid to the deceased Antonio Chavez one ox for the shroud which same his sons will declare, as I had also paid 40 ewes to the Father Narro for his burial and one novena of masses for which I have no receipt.  I have also paid Juan Vallejo’s for 12 masses, the receipts for which can be obtained from the said priest who may have applied them. I have also delivered the alms for two masses to don Francisco Lovera, the receipt for which will be delivered. I have delivered the alms for three masses to Miguel Gabaldon, the receipts the same will be shown.  I swear in due form signed, Maria Catarina Pino.

At Santa Fe on July 30, 1784.

In regard to the documents which are enclosed in order to answer the plea which she makes in consequence of the charges made by the Guardian of the minor children of the deceased Luna, when a copy be referred to said Guardian by the Alcalde Mayor of Albuquerque, so that according to his knowledge within the term of three days he may, for the last time individually, ask for what may pertain to the rights and titles of the minors whom he defends. If he states he is satisfied with the said pleas whereupon he will proceed to quit in conformity with what is asked by the said doña Pino, the matter of the 50 varas of land cited in the Pueblo of Tome, so that if they have not been alienated by the legitimate owner, the same should be added to her estate. Signed Juan Bautista de Anza (rubric)

I, Miguel Lucero, Guardian of the minors of the deceased Luna, answering what has been ordered by this  Alcalde Mayor, state that in due time I will show the 50 varas of land which I state our in Tome. With regard to what I have asked, I am not satisfied. She says that she sold the leather jacket for the support of the minors; there was enough produce on the farm to support them. As to the masses and burial which she says she has paid for, I would like to have you order that I, on my part, ask for the burial at the fixed-rate and one or two novenas of masses. The other chattels I ask for our two hoes, one shotgun, one adze, one lance and the 60 ewes which the minors need, as well as the great quantities which is been lost since her father died up to the present time.  At the request of and for Miguel Lucero, signed Juan Bautista Montano (rubric)

Moreover, regarding the 50 varas of land which I claim at the place of Tome in which belongs to my client, the heirs of the deceased Luna, I state, that I wish Your Honor would take the deposition of Diego Antonio Abeyta, a resident of said place of Tome, as he is the one who has been planting the same for some years. Because I do not know how to sign I requested don Antonio Ruiz to sign for me at the request of Miguel Lucero.

At Ysleta, on the 11^th day of the month of August 1784 before me the Alcalde Mayor and the two witnesses whom I appointed who are don Antonio Villegas Ruiz, and Francisco Esteban Mora, the guardian, don Miguel Lucero, presented Diego Antonio Beitia, a resident of Tome, whom promised to tell the truth.  And being asked, regarding a piece of land belonging to another which he cultivates at the end of said place of Tome, how many varas that it contains and to whom the same belongs, he said that there are 50 varas and that they belong to the deceased Antonio Luna who for a long time before he was killed and loaned the same to him so that he could plant them as long as he wished, and that he had also tried to purchase the same in the said deceased had agreed to sell them to him, but as he was killed the matter remained thus and he has continued to cultivate the same up to the present time.  He did not sign as he did not know how, Manuel Arteaga (rubric)

References:  Spanish Archives of New Mexico, Series I, Twitchell #462, Reel #3, Frames 387-430.
©Henrietta M. Christmas

Miguel Lucero ~ 1766

Proceedings of the inventory at the death of Miguel Lucero, Albuquerque.

Let it be well-known and evident to all who may see this present public instruments, testament, clauses and last will, the that I, Miguel Lucero, being in bed ill of an illness make my testament in the following manner:

I declare that I am a legitimate son of Capt. Miguel Lucero and Angela Vallejo.  I declare that I have been veiled and married to Rosa Vaca for the period 26 years during which time we had and procreated eight children who are: Josefita Lucero, Miguel, Manuel, Loreta, Lugarda, Graciana, Mariano and Ana Lucero, whom I recognize as my legitimate children and heirs.

I declare that at the time I contracted said marriage, my wife Rosa Vaca, now deceased, brought as a dowry 100 ewes and 10 cows.

I declare that after the death of my mother-in-law in the partition of her estate among her heirs, I was given as inheritance of my said wife another 100 ewes all of ages and a piece of land, which I sold with the consent of my aforesaid wife. It was sold for the price and some of 124 pesos which were added to the whole in the bulk this inheritance.

I declare that from the inheritance of my deceased wife, Rosa Vaca, I have delivered to the four children who are of age their mother’s share of 110 pesos; they are Josefa, Miguel, Manuel and the Lugarda Lucero.

I declare that I have not given Loreta, Graciana, Mariano and Ana Lucero their inheritance.

I demand that my administrator, who is my son Miguel Lucero, delivered to them their mother share whenever they need it.

I declare that I was married in second nuptials to Antonia Chavez, widow of the deceased Baltasar de Beitia, during which time we had and procreated seven children from the legitimate marriage, who are: Maria de la Luz Lucero, Maria Barbara, José Antonio, José, Maria Antonia, Tomas and Maria Gertrudis, whom I recognize as my legitimate children and heirs to my estate, so that after my death they may enjoy it was God’s blessing and mine.

I declare that at the time I contracted said marriage my said wife brought into my possession 50 head of sheep. I order my executor to deliver them to my said wife.

I declare that I also leave my son, Manual, as second executor so that he can help his brother.

I declare the following as my property: first, three parcels of land in this place of Tome – two of which I purchased and one given to me by the King.

I order that of the parcels of land mentioned I leave one for the part I sold at Pajarito and one half of another piece belonging to my deceased wife.

I order that from this parcel and one half of land which remains, the one belongs to me and also to my second wife, which was acquired during our marriage.  I order she be given whatever belongs to her.

I declare that I have and adobe house at this place of Tome, which, during the life of my deceased wife, was composed of four rooms and one long-hall and an inside room and a porch were built during that time of my second wife; I order to give her, her share.

I declare that none of the furniture inside the house shall be taken from my second wife except what I shall declare. Two useless chattels remaining during the time of my deceased wife, one was taken by my son, Miguel to El Paso to be repaired, and after paying the repairs my heirs may divide it amongst themselves. The other one remained useless. I also leave two chests, the one belonging to her they can divide, and the one belonging to me they can divide amongst themselves. There remained also a brass mortar and pestle; I order that it be divided among all of them. There also remained two hoes, one adz and one chisel, one spit and one small griddle which was sold, I order that they be divided among the heirs.

I declare that I bought another tract of land which formally belonged to the deceased Magdalena from a grandchild named Sedillo, during the time of my second marriage. I order to give her half of the tract and to divide the other half among all my heirs.

I declare that I have 90 head of sheep.

I declare that I have eight broken horses and 21 small and large mares, one burro stallion and one more.

I declare that I have nine mules, eight of them gentle, and of them, four are females and the other for our males.

I declare that I own one good shotgun trimmed in silver, one rapier with the ___ and a crooked handle of silver, one leather jacket, one good lance, shield, powder bags, one horn, one good new saddle with good spurs with it silver buckle, and one good bridle.

I declare that I have is my wearing apparel one Castilian cloth coat, another one, used; one pair of plush trousers with galloon and buttonholed in silver; one Cholula cloth cloak lined and somewhat worn; one somewhat use scarlet lapel; one hat and new saddlebags.

I declare that I have three yoke of oxen, three plow points and one good cart.

I declare that I owe 300 pesos in silver at the villa of Chihuahua.

I declare that I owe 400 ewes as the document which I have executed in favor of Francisco Vigil will show. I order and command my executor to pay.

I declare that Manual Gallego owes me, on returning from his trip to Chihuahua, when skirt and one mantle; I declare it is for my wife, and I order it collected. Also, said Manual took one mule and one male mule with saddle and lariat in the agreement we made was that I would pay the expenses to Chihuahua, and from there back here he would pay his own expense.

I declare that Antonio Fajardo owes me 45 pesos for three freights, I order it collected.

I declare that José Salazar owes me 15 pesos which shall be delivered to my wife when the amount collected.

I declare that Salvador Tafoya owes me 50 pesos in silver, I order it collected.

I declare that the Rev. Father Rojo owes me two bulls, I order them collected.

I declare that my brother, Diego Romero, owes me five tame horses, I order them collected.

I declare that Diego Antonia Chavez owes me 300 sheep, and it is evident in the documents he had given me in which is in my possession. I order to collected at the termination of the contract and receiving the sheep, 30 head shall be delivered to each of my stepsons, and the 240 remaining to be delivered to my wife, jointly with the other 50 that I have in my possession with the small herd of cows that my son Miguel recognizes this belonging to him, I order to deliver.

I declare that I owe Lugarda Tafoya a Native common blanket, I order it paid.

I declare that I have a loom complete with two pairs of new wool cards, two spinning wheels complete with comb and equipped for linen and blankets in the same manner. It I declare that it is my last wish to order my son Miguel, as executor and keeper of the property, to reduce the debts in silver made in Chihuahua, and until those death that I owe are paid, I order that the property shall not be partitioned.  I also order my executor that his young brothers, the single one, and my coyote, also when they marry shall be given 15 goats and when this family is congregated, to give them the necessary education.

In testimony whereof, I execute this testament at the place of our Lady of the Immaculate Conception, on the 20^th day of the month of January in the year 1766. And for its greater validity, I request the Lieut. Alcalde Mayor, don Juan Cristobal Sanchez, to interpose his authority and judicial sanction and I, Juan Cristobal Sanchez, Lieut. Alcalde Mayor, interpose my authority for its greater validity. He signed it with me, the said Lieut. and my assisting witnesses. Signed Juan Cristobal Sanchez (rubric), Miguel Lucero (rubric), witnesses Felipe Silva (rubric), Bartolome Olguin (rubric).

References:  Spanish Archives of New Mexico, Series I, Twitchell 454, Reel 3, Frames 327-357

©Henrietta M. Christmas