Padre Martinez - Will and Testament

Will and Testament

Administration of The Presbyter Don Antonio José Martínez

PART 2

LAST WILL AND TESTAMENT OF PADRE ANTONIO JOSE MARTINEZ
(Original Spanish Document in Taos County, N. M. Records, Wills and Testaments, Book B-4, pp.289-305 located at New Mexico State Records Center and Archives, Santa Fe, NM)

In the name of the Blessed Trinity: Father, Son, and Holy Spirit, three distinct persons yet only one God. I, the priest Antonio José Martínez, vecino of the Plaza of Don Fernando de Taos, New Mexico, ill, but of sound mind, I truly believe in the articles and mysteries of our Holy Catholic Faith of which I have been a minister, and in whose faith I wish and profess to live and die, and dying as a faithful Christian, [with] trust in the Divine Majesty that I may obtain His mercy on my faults and sins by the merits of Our Lord Jesus Christ and Mediator, and by whose faith in Him and through His protection, I seek assistance at the glorious tribunal of God, I make, ordain, and establish my last will and testament in the following form:

First. I command that my body be buried in the oratory that I built and consecrated to the Immaculate Conception of Mary. It is located to the west side of the chapel, also dedicated to the Immaculate Conception. As to the style of my burial, I arranged my funeral services at the beginning of this year. I have decided that my body be buried without any more ritual, and covered with my silk cassock over my usual clothes, with surplice and biretta.

I declare and resolve that I have a chapel with graveyard, above-mentioned and adjoining said oratory, which several neighbors helped to build, however, most of the expense was made by me and built on my own land: It has a main altar in the sanctuary with carved statues (bultos) and paintings (retablos), a pulpit and confessional, credence table and consecrated altar stone, small altar railing in the sanctuary, with three steps going down to the body of the chapel; There are: one chandelier of tin with two circles of candles, a tall tin cross with processional candles, another yellow metal cross, about a vara high, with four tall crystal candleholders [sanctuary lamp] for the altar, twelve tin wall-sconces in the sanctuary and body of the chapel: also one tabernacle with padlock and candles, and a lantern used by the minister during services, one complete set of silver and white classic vestments, with amice, alb, and cincture along with corporals in their burses, one classic purple vestment, and another white [all with their own corresponding] amices albs, and cinctures, but without the burses that I gave to Father Lucero. There are about twenty purificators and maniples, all of linen, one black vestment and cope--all satin; one black fontal for the catafalque, five maniples, three surplices, one biretta, one chalice with silver paten and small spoon, and this chalice has a container for taking it out to the countryside: one pair of silver cruets and another of crystal, and a slate that serves as a plate on which to rest the [wine] cruets, one silver and gilt [gold-brocade] stole, [of white and violet] used to give blessings, a silver pyx with gilt inside used for taking the Holy Viaticum to the sick, and lastly, a table used as a catafalque and a bench in said chapel, one wooden stand and Missal, and a ritual for priests [Manual de Parrocos]. Besides, there are other mid-sized tables and two small credence tables, one for the chapel and the other for the oratory, and this one has on its altar table, some statues of fine quality, two figurative angels [cherubs] with their candlesticks, all of the above-referenced remains for the use of services in said oratory and chapel. Said chapel and cemetery remain in the care of the patrons who are named herein and who helped me, and who shall be buried there without cost. Other poor people who will ask to be buried in the body of the chapel, will be given burial upon payment for costs of the ablate [funeral bread], wine and beeswax, moreover, my private oratory and its cemetery will serve as burial graves for the family members who served me.

Item. I declare that in 1812 I was married and veiled in first nuptials with María de la Luz Martínez, and by this union we had a daughter who died in 1824. I have nothing more to say about this.

Item. I now declare my property, placed in the following order and beginning with;

My home, in the plaza of Don Fernando de Taos, where I presently live is in a small patio surrounded by porches on the inside. The stretch of wall on the North side belongs to the house of María Soledad [Romero], a member of my family, which I deeded to her with a yard and back-corrals. Beyond the porches that belong to me is my own square with its back-corral buildings.

Item. I declare that behind these houses I own a tract of land that is bounded on the South by the house of Juan Valdez, the upper part [of the tract] has a direct line heading towards the West where it meanders across the arroyo. From said line I sold a tract, part to Antonio Manzanares and another part to Aniceto Valdez. [The tract] is bounded on the East by the fence of the Plaza, my Chapel, and the walls of the Sister’s [who teach the little girls] property. On the North it is bounded by said arroyo that runs behind the old plaza and with land that I granted to Santiago Valdez, a member of my family. From said land is excepted a strip of land extending towards the pathway of said plaza that belongs to María Soledad Romero, a member of my family, as stated in a deed that is in her possession.

Item. I declare [to have] a row of rooms of my first house [residence], where it forms an alley where the first [house] is situated, two rooms are part of my property, and one room on the South used as a kitchen. The rest of said house belongs to María de la Luz Romero.

Item. I declare [to have] one hundred varas of land situated in Estiércoles, from the Rio Lucero to the Rio del Norte.

Item. I declare [to have] another one hundred varas of land, adjoining the above, but this [land] is divided into parcels that I granted to the now deceased José Miguel Martínez and Miguel Quintana; they run from the old Estiércoles ditch North to the cuchilla [hill] and [the property of] Manuel Miera in the Cañada, with a deed of exchange to Santiago Valdez on the lower part of the Rio Lucero according to deeds made to each of them.

Item. I declare that on the first one hundred varas, to have a flourmill in operation.

Item. I declare that situated in San Cristóbal, I have three hundred varas of land with a two-room house. There were actually four hundred [varas], those that were measured.

Item. I declare that in the same place (San Cristóbal) to have [land] located where the possessor’s farmlands end, [extending]to the mouth of the canyon that comes out of the mountains.

Item. I declare that on the Arroyo Hondo hill, opposite the Upper Arroyo Hondo Plaza, I have two farms; one consisting of one hundred varas and a four room house that were owned by Felipe Nerio Maes, and the other, one hundred and eight varas that belonged to Juan Albares that, by his consent were bought from his father-in-law Miguel Antonio León, per the deeds.

Item. I declare that in the Plaza of San Francisco del Rancho I own a three-room house that previously belonged to Manuel Cortez with a garden in front, and one in back. Adjoining said garden is another garden that belongs to Juan Agustín Sánchez. I sold the front part of his [Sánchez] house to Miguel Romero.

Item. I declare to own cows, oxen, and bulls marked with my brand and ear mark, the number subject to change, because I may need to sell some to provide for my subsistence.

Item. I declare to have cows loaned out by partido, and are to be delivered to me as follows:

Victor Sánchez of Arroyo Seco has to deliver sixteen breeding cows in
October 1867-

Joaquín Sandoval has to deliver fourteen breeding cows in October 1868-

Miguel Chávez has to deliver six breeding cows in October 1868, and twenty-four
breeding cows and a bull in October 1869-

Juan Nepumoceno Vigil has to deliver twenty cows and a bull in October 1869-

Juan Andres Chávez has to deliver ten breeding cows and a bull in October 1868-

Antonio José Chávez has cows on share that belong to Mrs. Teodora Romero and
George Romero, and he [Chavéz] has to deliver my four breeding cows and two bulls in October 1870.

For each partido there is a recorded contract, and in all, a total of ninety-four cows and five bulls.

Don Fernando de Taos, July 27, 1867 – Up to this point, all that I have written in this testament was begun and completed two years prior to this date. I now find myself sick and in bed, but with my full faculties, I hereby ratify and confirm all of the abovementioned, and as of this same date I continue with the disposition of my voluntary last will and testament.

Item. I declare that Juan Antonio Cruz of Arroyo Seco has possession of some goats, but for a number of years he has not executed an agreement. I had forgotten about this until the present year when Manuel Antonio Miera and the same Cruz reminded me, but I did not ask [him] about the number owed but it should be about twenty, more or less-

Item. I declare to have a painted bookcase in which I safeguard my papers, and other records; a bureau with its mirror and built-in drawers; a large mirror with frames where the glass is set, a large box with horseshoes and lock, and other belongings; and one medium sized chest in which I safeguard the vestments belonging to the oratories-

Item. I declare to have my household furnishings, and boxes and barrels of flour-

Item. I declare that José María Martínez and his brother Teodoro, of Rio Colorado, owe me one hundred and six dollars for a note that they have to pay on the first of October-

Item. I declare that I am owed various amounts of money for obligations that are recorded in account-books and ledgers, and labor credits from workers who have not finished payment. All of this shall be accounted by my executors when they prepare a detailed, item by item, inventory after all of the [outstanding] payments have been made.

Item. I declare that there are some outstanding accounts related to commerce that I had with Juan Manuel Lucero and that were guaranteed by Vicente Romero of which, once paid [by Romero], $40 belongs to Lucero and the rest, which I have paid consequently belongs to me.-

Item. I declare that my brother Santiago Martínez removed, from my hacienda, more than one hundred sheep on contract [partido] and two cows for which he has not paid, and some money, but all [debt] will be forgiven, considering that he is so poor-

Item. I declare, that at one time when I was very prosperous, I made certain donations to my sister Juana María Martinez, and brothers José María Martínez, Santiago Martínez and Pascual Martínez, and to my nephews, the children of the late Estefana Martínez, close to two hundred dollars each, all of which I hereby ratify-

Item. I declare, that to María Teodora Romero who has assisted me, and who assists me at present, I have given a house, land, and other property for payment for her services. In addition I have conveyed other properties to her in payment of money that I borrowed from her when I was in need. I ratify and confirm all this in favor of said Romero.

Item. I declare that to Santiago Valdez, a member of my family, I have made a gift, and later made additional gifts, because I agreed to provide for his subsistence. I now bequeath, one hundred varas of land in the place of Estiércoles from where the road dips and then begins to climb, and in addition to the one hundred varas, there is more. The reason is because of the land I gave to those who helped me buy the tract, starting from the lower boundary of Estiércoles to the upper boundary, and up to the land of my brother José María Martinez that I later gave to Teodora Romero, María de la Luz Romero, and George Romero. It began at the Indian land boundary and continued further down, from said point this last bequest continued to the Rio Lucero, and another one hundred varas from that point to the final portion of land belonging to Vicente Romero, west of the old Estiércoles ditch. Should these bequests surpass the others, they shall be known as anti-dorales [i.e. remunerative] for the services that he has rendered to me, and continues to render, and of said bequests I again repeat, confirm and ratify in his favor, according to the literal sense of his documents, and for the provisions that he has over them, since I bequest them to him while I was alive.

Item. I command that to Vicente Romero, a member of my family, and in order to complete that which I have [already] designated [to him] as subsistence, that he be given useful chattels [from my estate] valued at one hundred and forty-one dollars.

Item. I command that to Julio Romero to whom nothing has been given, I now bequeath, in order to place him on an equal level with other family members, the following, not to exceed eight hundred dollars- My house of residence, starting with the two rooms where I now reside, including the blacksmith shop and continuing to the corral, a room that serves as a pig-pen, and a wall that continues to a door in the corral. Said door faces Santiago Romero’s corral and should be taken down and [the hole] covered with adobes. It is to be placed in the same line with the stables facing the street on the West. [From said stables] proceeding to the wall on the South, from which a pantry for the kitchen should be partitioned, and all that adjoins it shall all be given to Julio Romero. All estimated at two hundred and fifty dollars-

Item. He [Julio] shall also be given sixty-three varas of farmland, that belonged to one Coca, these from the lower ditch in the bottomlands of Mrs. Romero, and in a direct line to the arroyo that cuts through the lands of the Indians in the old graveyard; and above said lands, another so many varas that I own, some, and others, estimated at fifty dollars because said lands are completely useless, and can’t be cultivated-

Item. I order that he [Julio] he be given fifteen cows and two bulls, at fifteen dollars per head, which is what I charged the other family members, coming to two hundred and eighty-five dollars, and of the two hundred and fifteen dollars remaining, they should be completed with useful chattels-

Item. I declare and order that a garden-plot being tended outside of the main graveyard of my Chapel be designated to the property of Mrs. Teodora Romero, along with the rest of my land in that place, up to the Arroyo, and between the properties belonging to Manzanares, and the other that was deeded to Santiago Romero-

Item. I command in favor of George Antonio Romero, who is actually staying in the two rooms where he dwells, from the corner on the North and continuing to the rooms where my books and papers are, and inclusive of a small room that forms a passage to the house of Teodora Romero, shall be the property of said George Antonio Romero-

Item. I command that the Indian, María del Rosario, be given 50 varas of farmland bordered by the fields of Martín Maes, and also one household room that be carved out of a wall that is in front of my house, and that said Indian, Maria del Rosario, shall remain at the election of Teodora Romero or any of her sons, or daughter-

Item. I constitute Santiago Valdez and Vicente Romero as patrons of my chapel, its belongings and rights, so that in their presence and at their choice, Divine Offices may be held. For all services practiced in it [chapel] and its cemeteries, there are complete sets of vestments and sacred vessels. From the ground of said chapel, funds for burials can be charged from ten to sixteen [dollars] each, or more to provide for its needs.

Item. I command that if more of my property is found, which I have not listed here because I may have forgotten, [I ask] that it be accounted for and recorded in the inventory by my executors.

Item. I declare, command, and dispose that my papers and books, of whatever nature, and those that contain accounts, I bequeath and place with Santiago Valdez, a member of my family, so that they will be preserved, kept, and secured for further use, and be safeguarded in the bookcase abovementioned to serve him as a memorial [record] of my legacy.

Item. I command and dispose that the rest of my mirrors, paintings, and [painting of] Our Lady of Sorrows that adorns my room, be appropriately hung in the oratory in an orderly fashion so that they will be present during my final repose.

Item. I declare, that after expenses herein ordered but not delivered by me, are to be paid and delivered, as they appear in this my voluntary testament, along with any additional expenses that occur. I order, place and bequeath to my sister Juana María Martínez and three brothers, José María Martínez, Santiago Martínez, and Pascual Martínez that which remains to be divided into equal parts for each by my Executors. To my nephews of my deceased sister, Estefana, I leave nothing because I gave to them while I was alive, as well as bequests that I had given to my sister and brothers during my life, and which are
recorded in an account-book.

Item. I declare and dispose that in consideration to Santiago Valdez, a member of my family, who I raised since infancy and adopted with all of the privileges of a formal adoption, I educated, and that he recognizes no other father, or mother, than me, and in addition to this he has been obedient to me, for this I dispose, and it is my will that his children take, share, and carry my surname in the future-

Item. I declare, that during the forty-two years of my spiritual administration in various parts of this Territory of New Mexico, and most particularly in this County of Taos, I complied with and fulfilled my ecclesiastic ministry with fidelity and good faith, and tried to the best of my knowledge. I dedicated many more [years] to my studies, with determination and eagerness to the science of religion to learn how to serve my God, Creator and Savior. My body shall descend tranquilly into the silent grave, and my soul shall rise to the divine tribunal, with full satisfaction that I have done all that I could to enlighten the mind[s] of my fellow citizens, to be the cause of their temporal good, and above all, their spiritual belief, all because this has been decreed by the Christian religion that I profess, convinced of its truth and sanctity. My conscience is calm and clear, God knows this to be true. If any of my fellow citizens and neighbors complain that I have injured them, perhaps it is because of a misunderstanding on my part, but not by intention of my heart, because the human creature is weak. I never had any intention of injuring anyone; naturally I have been inclined to do good. I present testimony of my works in documents, so help me God.

Item. I declare, and constitute as witnesses, executors, and administrators of this, my last will and testament Santiago Valdez and Pedro Sánchez, to both and each one “insolidum.” I give full authority with as much power as required so that they can access and go through all of my possessions to apportion, convey, and dispose, to the best of their judgment all that is in my last will and testament, and I give them the power to abrogate and substitute their positions to another so as to properly carry this out, and to whom I give the same authority and right of protest, as those named-

Item. I desire, and it is my will, that all exposed up to here is to be found in this, my last will and testament, by my Executors according to the material and literal order of their clauses.

Item. For this, my testament, I revoke, annul and deny any other testament or testaments, codicil or codicils, that I have made and signed, so that it will have no value nor effect on judgment, or outside of it, now if in good time one should appear or be cited, even if it has repealed clauses and private/personal words, of which special mention should be made, at present I do not remember and I would repeat them if they came to mind verbo ad vebum, those whom I wish to value; and for the same reason would not value, nor have effect on any other will or wills, and likewise would not give value, to any that I may make from now on, without making express mention of this clause, that I place here, resulting in my wish that the present arrangement be valued, in all cases, as my last will and testament in the form and manner, that best fits the law, which was signed in the plaza of Don Fernando, County of Taos, Territory of New Mexico on this eighth day of July in the year of Our Lord, eighteen hundred and sixty-seven.

Antonio José Martínez (signature)

Written and drawn up and
signed in the presence
of

Gabriel Lucero
Juan Francisco Montoya
Jesús Santistevan

Territory of N. M.}
S.S.
County of Taos }

Let it be recorded that on this 4th day of November of 1867, Gabriel Lucero, Juan Francisco Montoya, [and] Jesús Santistevan, having been duly/properly sworn-in and under oath and in open court, personally appeared before me, Juan Santistevan, Probate Judge for said County, stipulate and state, that they were present and saw Antonio José Martínez, [now] deceased, sign the foregoing written instrument as his last will and testament, said witnesses publicly heard, will publish, and declare that the foregoing written instrument was the last will and testament of the same Antonio José Martínez, and that at the time that it was signed by said Antonio José Martinez, he was of sound and healthy mind, and that these representatives affixed their names as witnesses of the same in the presence of the testate, and of each other, and at the request of said Antonio José Martínez.

Gabriel Lucero, Juan Francisco Montoya, Jesús Santistevan.

Publicly sworn before me in open court in Don Fernando de Taos, this 4th day, in the month of November 1867 A. D.

Juan Santistevan (signature)
Probate Judge

Territory of New Mexico}
County of Taos } S.S.

I, Juan Santistevan, Probate Judge for the County of Taos, having examined the foregoing written instrument, signified as the last will of the deceased padre Antonio José Martínez; and the testimony of Gabriel Lucero, Juan Francisco Montoya and Jesús Santistevan, named and signed witnesses of said written instrument; by these presents [documents] I adjudicate and declare that said written instrument is the last will and testament of Antonio José Martínez, deceased.

With testimony thereof, I have placed by my hand and affixed the official seal of the Probate Court in said County of Taos, in open court, in Don Fernando de Taos this 4th day of November A. D. 1867.

Juan Santistevan, (signature)
Probate Judge
Atest
Leandro Martínez
Clerk

Territory of Taos}
County of Taos }

I certify that, by my signature below, I, Clerk of the Probate Court and for the aforementioned County; that the self-written last will and testament of the Presbyter Antonio José Martínez has been literally copied from the original.

As witness of this I placed my name and seal of the
Probate Court today, 5th of Nov. 1867.

Leandro Martínez, (signature)

Part 2