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Last Will and Testament of Don Ignacio Roybal y Torrado

February 14, 1757, Santa Fe, NM

English Translation by

José Antonio Esquibel

 

In the name of Almighty God, Amen.

 

Divine Invocation

Let it be known to all who see this instrument that I, Don Ignacio Roybal, resident of this Villa de// Santa Fe, Kingdom of New Mexico, native of the Kingdoms of Castilla in that of Galicia in the Arch//bishopric of Santiago, legitimate son of Don Pedro Roybal and Doña Elena de Santa Cruz, being// as I am blind and sick in bed, but in my full judgment, memory, and understanding, as such// God having served to grant me this, I confess that I believe faithfully and universally in the mystery of the Holy Trinity, Father, Son and Holy Spirit, three distinct persons and only one True God, and in all// that the Holy Mother Apostolic Roman Church believes and confesses, under her faith and belief// I swear to live and die as a faithful Catholic and hoping with firm hope for the Divine Kindness// that without keeping in mind my sins to have my soul saved by the infinite merits of Our Lord, Jesus Christ// and the powerful intercession of the Always Most Holy Virgin Mary, the Holy Apostles San Pedro and San Pablo, my Holy// Guardian Angel, my patron saint, San Ignacio de Loyola, of my Father San Francisco, my saints of devotion and the// saints of the Court of Heaven whose patronage I implore. With this said Divine Invocation, I make// and order my testament and last will in the following form=

 

Funeral Arrangements

First, I entrust and command my soul to God, Our Lord, who created it, and my body to the earth that it was// formed from. It is my will to be buried in the habit of our Lord Father San Francisco; that I ask this for the love of// God, and that I be buried in the parish church of this Villa next to the altar of the souls with service of the// deceased and a mass sung which I request to be celebrated for my soul on the same day; or if there is not adequate// time, it is to be celebrated on the following day; and I also request to have celebrated and applied for my soul a novena of masses recited consecutively, the last one offered with an additional 50 masses// that I also order to be celebrated and applied for my said soul. It is my will that the alms,// shroud, funeral and masses be separated and paid in full from my possessions as soon as possible before their partition.

 

Pious Requests

Item: I order the delivery of four pesos of the land as alms for the customary mandatory bequests,// one peso for each. These alms are to be removed and set apart from my possessions, and to my son the priest, Don Santiago, I order and make a donation of one small Holy Christ of bronze that I have at the head// of my bed, two arms of the Holy Office and one two-handled cup of silver, and also I declare// that at this time I order and give to the said priest, my son, six plates of silver with six spoons and three forks of the same with the charge of the masses that seem just and I have his promise to celebrate// and apply [the mases] to my soul. Outside of the remaining favors, which of his good loyalty I hope he promises,// I entreat him to present offerings to God for me as a good son. Also, it is my will and I declare that// for the special gifts and good services that I have received from my sister-in-law, Lucía G[omez] [document torn]// and from my servants Juan Miñon and Telmo I give, freely and graciously, to these three a donation of one tract//of land that I have below this Villa next to the Torreon.

 

Declaration of Possessions

Item: I declare to be married and veiled according to the order of Our Holy Mother the Church with Doña Francisca Gómez// Robledo, and that during our said marriage we had and we procreated nine sons and daughters that// are = Manuela, María, Pedro, Santiago, Juana, Elena, Ygnacio, Bernardo, and Mateo Roybal,// and that at the time of our marriage myself and my said wife had no accumulated wealth of any kind, that all of the possessions that I declare to be mine are equally owned, gained and divided// with my said wife because we have sought and acquired in association with each other. In whose intelligence, and at this time, and when I order and make this my testament, I declare in the first place that I do not owe anything to anybody, nor do I have any debts owed to me to be paid here in this kingdom, as I do outside of it. Since I was the executor and keeper of the estates of Don Jacinto Peláez and// Francisco Afán de Ribera, I declare to have always entirely fulfilled [my duties] to the said two estates// evidenced by the documents that are in my possession. But because of the// frailty of my memory, and not being able to see anything, as such I don't recall; whatever is justified I order that it be paid.// Item: I declare that various individuals of this kingdom who are citizens have left with me some IOUs, as they have recorded in a list that is in my possession, and these are to be collected by my executors.

 

Lands

Item: I declare as my possessions the following lands: First, I declare that I have a tract of land// below the Villa de Santa Cruz de la Cañada bordering the bank of the Río del Norte [Rio Grande] and immediately bordering the lands of Captain Juan Estevan García de Noreiga as is evident from the land grant document that I have in my possession. It is my will that this tract be awarded to my granddaughter, María Martín,// and excluded with this transfer is any claim to the rest of the lands.// Item: I declare that I have another grant of lands in the Villa de Santa Fe that borders with the marsh as attested to by the grant paper that is in my possession. It is also my will that this said [grant of lands] be awarded to my son the priest, Don Santiago, also excluding this tract of land from the rest of the lands.

 

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Item: I declare to have another grant of lands in the Pueblo named Jacona that runs along// a large arroyo next to where my comadre Juana Luján lives and goes as far as the// tract of land where I have my house; inclusive in this tract of land are another two fanegas [Spanish bushels] of planting land that// I bought from the heirs of Don Jacinto Peleáz, as attested to in the same land grant papers and the document// of sale made in my favor that are in my possession. Regarding this tract of land, it is also my will to award,// as I have the authority to award, to my son Matheo the land that is from// an arroyo where there are some cottonwood trees that also runs south to north on the west side of the River of Nambé, and is where my said son now resides, to whom I set apart this tract of// land from the rest of my lands. And, if he is better off because of this award of lands, it is my will that this is so because of the special love he has always had for me.=// Item: I declare that I have another tract of land that I purchased from Juan de Mestas, now deceased, that is// attested to by the written record of sale that is in my possession; also included on the said tract of land// is the rest of my land that I owned before the purchase running from my house to the Cuyamungue River looking// to the east, which part I asked and I gave the said Mestas one good riding horse as payment and to his satisfaction, as attested to by his wife and children.// In this tract of land I declare I have the house in which I reside and today my son Bernardo lives in it, and the house consists// of seventeen rooms, and in one of these there is a spinning wheel [?] loom [un telar aperado] for weaving coarse wool [sayal]. These are the lands.

 

Cattle

Item: I declare to have the following stock and head of cattle. First, I declare// as my possessions 135 head of cattle that I have entrusted and partitioned equally// to all of my referred to nine children in this way to each one: ten cows, five birthing females and five infertile ones;// one bull; four oxen; which all consists of the total number of the mentioned head of livestock. However, my son Pedro did not receive// the said cows, bull and oxen. I gave him and he received the amount of 300 pesos to use as he pleases, to his satisfaction.// Item: I declare that I have in the possession of my son Matheo amedias [?], and according to its custom and true legality, 156// cows and bulls of all ages with an additional twelve oxen.// I declare I have in the possession of Antonio Sandoval, also amedias [?] according to its legal contract, 72// cows and bulls of all ages with an additional six oxen.// Item: I declare to have in the possession of my son, the priest, four oxen. This is all the cattle that at the present I have.

 

Sheep and Goats

Item: I declare to have the following head of sheep. First, I have// in the possession of Bartolomé Gutiérrez 170 sheep set apart, confirming to give to each one ___ [illegible word]// hundred sheep for slaughter and fifty locks of wool; he has had this partition since the year of '49 until this present year.// I declare to have in the possession of Antonio Sandoval, also set apart, 140 sheep// with the responsibility to give in each year fifty rams, those that to the present year he has not paid for. // Item: I also have in the possession of Sandoval thirty goats with the responsibility to give 50 male gelded goats each year.

 

Horses and Mules

Item: I declare to have a herd of mares in Santa Cruz a las contings de los tiempos [?] which consists of eighteen mares and branded colts of all ages.// I declare to have in the possession of my son, the priest, six female mules and three male mules. This is all of the livestock// that I declare to have at the present time.

 

And therefore, if God so favors to grant me// more life, I would like to make one of the referred to items of account// available to myself for any appropriate necessary aid or other condition. It is my will that this be so according to this written account.// Concerning this matter after I pass away, I make known to my son the priest, Don Santiago, that it is my order to expend any thing or item.

 

Utensils and Alajas [?]

Item: I declare to have the following utensils and alajas for my regular use: First, I declare// to have two large and medium size books. Item: two horse riding saddles, one of them new// and the other worn. Item: A short leather jacket of seven haces [?], one firelock [escopeta] with a San Miguel case,// another large French firelock [escopeta], a broad sword [espada ancha], some spurs, some pads, a// bridle, and two branding irons for livestock. I also declare, and it is my will, that the rest of the utensils// and alajas of regular use at the house, such as my new and old clothing,// that I do not mention because they are all trifles, my executors will divide and distribute them// according to their disposition and volition among my heirs, or give them as charitable gifts to my poor servants// so that the will have a better appearance. This I desire and demand, and it is my will that no manner// of an inventory is to be made of the said utensils and alajas, nor of the rest of my possessions that I leave expressly stated with all clarity,// hope and distinction so that none of my heirs prepare a complaint,// nor legal case, nor any superfluous expense, as I entreat and hope out of their loyalty to me. As such, it is done here.

 

Naming of Heirs

And fulfilled, paid and satisfied, this my testament. Regarding the funeral, the masses and the remaining favors that I leave ordered for my soul, and regarding the mandatory donations and the rest of the pious// dispositions that I also leave by my expression, it is my will that the remaining fifth of my possessions, if// there be this much, be applied to celebrate the ordered masses to be sung for my soul and the other souls of// Purgatory beside those masses already mentioned as well as the celebration of three other masses that I have also communicated// to my son the priest. And regarding the remaining possessions, actions, and rights// of mine I bestow on all of my heirs, the referred to children of mine, for the purpose that these heirs// have and enjoy equally and peacefully with my blessings and the blessings of God. And only to them do I petition,//

 

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request and entrust for the love of God, he who has obligated me to them as a father [and considering] that all the days of the year that// Our Holy Mother the Church has arranged to make the souls of the deceased good, to remember// the soul of their father, and as good children to place and offer to God for my soul the offering that they are able to do freely as an expression of their loyalty and love that they have for me.

 

Institution of Executors

And to fulfill, pay and satisfy this my testament and last will, I name in the first place and leave as my// executors, testamentaries, fulfillers my son the Bachiller// Don Santiago Roybal in concert with my wife, doña Fracisca Gómez Robledo. To both of them,// to the two and to each, together as one, I give the authority to fulfill, and soon when it is rightly required// for them to go through my possessions, they will be the holders of these possessions conducting the division, sale and auction and whatever more// that is necessary beyond what is thought best. I order and place trust in my son and principal// executor, the Padre don Santiago, to his judgment, disposition, and determination. I desire and it is my// will that my possessions be passed to all my heirs. And attending to the great satisfaction I// have always had, do have, and will have of the virtuous, upright, and Christian procedures of my said son and// principal executor, and to the same conviction with which he has assisted me since my heirs have are not// engaged in handling my business transactions, and to comply with this my last will and testament with great fidelity, legality// and Christianity; that my said son and wife, in their concourse, will carry it out with full confidence.// And I order this and pass it on to my heirs for the reason and account that is given in the fulfillment of this// my last will. Deferring as to defer the said fulfillment to the judicious nature// of my said son and principal executor, lacking no other charge nor having any other reason or account,// to satisfy the fulfillment of my testament according to his natural judgment.

 

Revocation of Other Wills

And in favor of my present testament, I revoke, annul, and give no worth, and terminate all others// whose testament or testaments, codicil or codicils, authorities to make a will and other last dispositions// that were made before this one, that were established by writing or by word or in any other manner,// notwithstanding any words of revocation or clauses that request special instructions for its ____ [der---; incomplete word due to torn edge of the document]// because I want to only favor this one that is presently made as my last testament and ____ [--trimera; incomplete word due to torn edge of the document]// total consent in the best way and form of it all, I give authority, I grant and I give its rightful place.// In confirmation of what has been executed in this Villa of Santa Fe on February 14,// 1757 before the Alcalde Mayor of this said// Villa, don Francisco Guerrero, to whom I petition and ask to interpose his judicial authority// with the witnesses who are named, entreated and present to hear [it] read in my presence and in that of the said// Alcalde, the Reverend Señor Vice Custodian Fray Tomás Murciano de la Cruz, Felipe Tafoya, ____ [Pedro; torn edge]// Tafoya, Lucas Moya, and Juan Antonio Alarí. And since I do not posses the strength to sign it by my hand ____ [torn edge]// and I petition the referred to Reverend Señor Vice Custodian to dignify this by signing for me.

 [There is a note written in a different style following the main body of the will. See the Spanish transcription

At the request and for the testator: Fr. Thomas Murciano de la Cruz (rubric)

 

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Franco. Guerrero (rubric)

Manuel Bernardo Garvizu (rubric)

Phelipe Sandobal (rubric)

 

Witness: Fr. Thomas Murciano de la Cruz (rubric)

Witness: Phelipe Tafoya (rubric)

Witness: Pedro Tafoya (rubric) Witness: Lucas Moya (rubric)

Witness: Juo Anttonio Alari (rubric)

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