This suit was brought against Pedro Gallegos, the father, of
Tomas Antonio Gallegos for his maternal inheritance from Margarita Garcia.
I, Tomas Antonio Gallego, a native of Bernalillo and
resident of the city, have crippled legs and appear before you. I state that more or less than 40 years have
passed since my mother, Margarita Garcia died.
She was married first to Pedro Antonio Gallegos, both residents of
Bernalillo. She left me at the age of
seven with livestock, such as cattle; sheep; horses and a house and some
lands. This property was acquired during
the time of the marriage and because I was a minor, my father, Pedro Antonio
Gallegos took charge of the maternal part of the property until I should marry
or arrive at the legal age and receive and or manage it myself. My father re-married with my mother-in-law,
Maria de la Luz Balencia, a resident of the same place. Without making an
estimate of what belonged to me as maternal inheritance.
For about five years now, my mother-in-law, has urged my
father to come to the city where her family lives; the result was that in going
and coming so many times he abandoned the house and lands and the same
deteriorated somewhat. But my father,
knowing about the damage that would follow, decided to trade the cows and
sheep, having at this time bought the lands of the ranch called Las Cieneguitas
and the ranch called Pueblo Quemado, with their houses, both pertaining the said
jurisdiction of the city. We moved all
the property to said rand at Pueblo Quemado where we lived for about 15
years. The said property is in the same
condition and in existence, although when I was 25, I got married and did so
with the knowledge of my father who gave me a place in the ranch of Las
Cieneguitas so that I might build and plant and reside there.
My father decided at the time to sell the house and lands
which we had in Bernalillo in order to give to the children possession of the
ranch where we lived, having built our house at our expense, the result being
at present that he wants to take away from me the right which has been
conferred upon me, disinheriting me from the house and lands, leaving me
abandoned in everything, by virtue of which I consider myself a poor and
crippled man with a wife and five kids. I
feel it is necessary to claim my rights of which belonged to my deceased
mother. I do not petition for myself but
for my children… Therefore, I pray that in your kindness and just procedure you
will please order my father to means of suggestion and not through severity for
the law to allow me to live in the house and lands of my habitation which he
voluntarily gave me, and in default to make a settlement according to his
conscience and to turn over to me the property due me as inheritance from my
now deceased mother. In Santa Fe, June
23, 1822, signed Tomas Antonio Gallego.
Response from his father:
In complying with the decree, I state that even though the petitioner
has lost the answer which I made to his previous petition, it is not logical
that the same should escape his memory so soon.
What I stated regarding what be solicits a second time is that the
property which was left my his deceased mother, did not amount to more than
what I mentioned, because neither she nor I brought to our marriage any goods
from which there might have resulted as much property as stated by him and there
was only what I earned by my work, which consisted of 100 ewes, the small ranch
and house at Bernalillo, one mare and one bull.
Because I acquired the same during my first marriage, it is proper that
only the children that I had by her shall enjoy the same.
In this petition he asks only that the little ranch on which
he lives should be left to him. “Get out
of here!” I told him, although I said it inspired by the insults and annoyance
which he offered me with his ill-found claims.
He did not go, nor had I any honest intention of taking it from him
because, as I have already stated, I never cease to be a father and it he were
a good son, he would enjoy my protection with greater measure, as his brothers have;
and if at any time I fail him in this, it is in order to punish his conduct and
to see that in this manner he form, and when I die and my property is divided
he will be entitled to something because he built his house there and he may
enjoy it with my blessing. Thus what I
demand of him is the obedience, honor and reverence which he owes me. Signed at Santa Fe, June 28, 1822, Pedro
Gallego (mark)
Before me, there appeared in person don Tomas Gayego, resident of the villa of Santa Fe, and don Jose Mariano Gayego, resident of
Bernalillo, whom I know.
Don Jose Mariano
Gayego declares that it is true that he bought from don Pedro Gayego, at this
place, 250 varas of cultivable land as shown in the deed which he has in his
possession and that this is true, and he also sold to him in part payment for
the land and one adobe house which consists of four rooms and doors and windows
and that he gives his judicial declaration for the purpose which may be
expedient, dated at Bernalillo, July 12, 1822.
Before me, at San Carlos of Alameda, personally appeared
Tomas Gallegos, resident of Santa Fe, and don
Mariano Perea, resident of Bernalillo, whom I know. Tomas Gallego said that he asked in justice
that the said Perea give him an affidavit of what he knew concerning the
property, house and lands that his father, don
Pedro Gallego had in the year the mother of the said Tomas, former wife of
Pedro Gallegos, died. The death occurred
in the year 80 of the past century.
Perea stated that he declared it to be true that he resided
in the same town with his uncle Pedro, and that he cannot say anything else but
what was frequently sold; that he knew had land, a small flock of sheep, some oxen
and horses and that he also had an adobe house, all located in Bernalillo, that
he cannot state the number of articles that he knew he had; At Bernalillo, July 12, 1822. Signed, Baltasar Perea and Jose Maria
Gutierres, Secretary.
To be continued.
References: Spanish
Archives of New Mexico, Series I, Twitchell 386.
©Henrietta M. Christmas
