Last Will and Testament of Francisca Varela Jaramillo, 1755

Francisca Varela Jaramillo (b. about 1692), wife of José Antonio Lucero de Godoy, made her last will and testament in the Cañada de Cochiti circa 1755. The will is undated, but was carried out by her executors on January 24, 1755 so it is likely it was made shortly before this date. Unfortunately, the original manuscript has not yet been found. A typed English translation of the document was filed with the Court of Private Land Claims on September 25, 1894, which is reproduced below. I have made minor corrections to spelling and grammar for ease of reading. The story of the Cañada de Cochiti land grant will be covered in future blog posts.

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In the name of God Our Lord, Amen: Know all who may see this letter of my testament and last and extreme will that I, Francisca Jaramillo, resident of this Kingdom of New Mexico, legitimate daughter of Cristobal Jaramillo and of Casilda ......[portion of manuscript likely damaged or torn]...... both deceased, being sick and old with the disease which God Our Lord has seen fit to send to me, and being in my full mind, will and understanding, believing as I do in the mystery of the Most Holy Trinity, father, son & Holy Ghost, three distinct persons and one only true God, and in all things else that our Holy Mother the Catholic Apostolic & Roman Church professes and believes, choosing for my advocate the Blessed Ever Virgin Mary, the Holy Apostles St. Peter and St . Paul, Our Lord Saint Francis, the Saint of my name, that they may pray to God for my Soul, fearing that I am going to die as is natural, wishing to place my soul in the way of salvation, I ordain my testament in the following form and manner:

Firstly, I recommend my soul to God who created it and redeemed it with his precious blood, and my [body][i] to the earth from which it was formed:

Item, I declare that I was married, and kept the vigil according to the order of our Holy Mother the Church, with Antonio Lucero and during the time of our married life we had a procreated six male children and one female, viz, Antonio, Cristobal, Maria, Ignacio, Martin, Miguel, Laureano, and I declare them to be my lawful children.

Item, I declare that when I contracted said marriage my father settled on me a piece of land, ten cows and one hundred heads of minor stock, and the said my husband brought with him nothing except his weapons and horses for he was a soldier.

Item, I declare that it is my will, if it shall please God to take me from this life, that my body be shrouded in the habit of my father Saint Francis, and interred in the Church of this Pueblo of Our father San Buenaventura de Cochiti, and that if it should or not be competent, a mass with my body present shall be ordered to be said and that two novenas shall be said for my sake and the rest I leave to the discretion of my heirs.

Item, I declare that in my residence I set apart one room for my son Ignacio — and the rest shall be divided equally among the other heirs.

Item, I declare that I leave a tract of land at the Cañada of Cochiti which my husband had as a grant, that its boundaries will appear from the grant excepting one portion that has been sold among various parties who are the following, to-wit: Juan Pedro Archuleta, Diego Gallego, Tomas Gallego, Josefa Gutierrez, Diego Gallego, and these all appear from their deeds except that of Diego Gallego, which is known to my heirs.

Item, I declare that I and my son-in-law jointly purchased a piece of land from Felipe Silva, and we gave him $200, one hundred apiece for the same, and the same shall have to be partitioned by equal parts.

Item, I declare that I owe $15 to Felipe Silva.

Item, I declare that I owe one ox to Joseph Sanches.

Item, I declare that I owe Juan Vigil a pair of stockings.

Item, I declare that Manuel Gallego owes me one cloth.

Item, I declare that I have given to my daughter Maria Lucero 31 heads of minor stock and one colt.

Item, I declare that I have given to my son Ignacio 25 heads of minor stock.

Item, I declare that I have given to my son Antonio 25 heads of minor stock.

Item, I declare that I have in Albuquerque a piece of land which my husband obtained by royal purchase from my deceased father, as it appears from the deed, and also one piece of land that was settled on him by my said father.

Item, I declare that I leave 193 ewes.

Item, I declare that I leave 4 oxen.

Item, I declare an ax which I leave to my son Laureano.

Item, I declare a cart.

Item, I declare a cow which I leave to my son Antonio - and the calf I leave to my son Laureano.

Item, I declare that four horses that my son Martin I know to be his for he has acquired them by his exertions.

Item, I declare that I grant and donate to Diego Aragon one half of a piece of land which my husband had given to him with its house lot, and this shall be in order that he may enjoy it without prejudice to my sons, and that if at any time he shall endeavor to sell it, it shall be to my heirs.

Item, I declare that I leave to Rosa my Indian girl because she rendered service to me, a piece of one hundred varas of land laid out in a square and one house lot and some goats which is known to my sons to be hers, which she will select, and that is my will.

Item, I declare a rebosa cloth for my son Miguel.

Item, I declare that I leave to my son Martin a pair of serge skirts.

And when all my funeral expenses and necessary charges my heirs shall divide among themselves in equal portions.

So that with God's blessing and mine they may enjoy it, and to give effect to this my testament, I appoint Joseph Jaramillo in the first place and Martin Gallego in the second place and Cristobal Lucero in the third place as my executors in order that they may execute my last will, and I ask them to divide in equal portions among my said heirs, those named being the lawful ones, and I revoke and annul all other testaments, memorandums, codicils, whatever I may have made before this one, and that this alone shall be valid, and for its stability and validity I asked the Señor Alcalde Mayor Bartolome Fernandez de la Pedrera to interpose his authority. —

And I, the said Alcalde Mayor, being present at its execution, certify that I know the grantor who is in her full mind and I interpose and did interpose my authority and judicial decree as far as I can and am able to do, and she did not sign because she did not know how. I signed it with my attending witnesses with whom I act as Judge Commissioner for there are no royal or public notaries in this kingdom, and upon this paper, there being none of the seal to which I certify.

Bartolome Fernandez

                                                                                             de la Pedrera {rubric}

Manuel Thenorio de Alba {rubric}

Miguel Thenorio de Alba y Corona {rubric}

Source: “New Mexico, U.S., Land Records of New Spain, 1692-1916,” Land Grant Case Files, Serial 10398 PLC Case 205, Box 149 (Image 69/535). Available on Ancestry.com.

[i] The typed document has ‘soul’ here but ‘body’ is the standard language.