Will and Disposition of the Estate of Juan Altamirano Pizarro, 1566-67
- Steven Perez
- Aug 16
- 10 min read
In our article in the June 2024 edition of the New Mexico Genealogist, Karen Bowman, Damien Aragon and I pieced together the genealogy of Juana Altamirano, wife of Luis de la Torre, based in part on a copy of the 1566 will of Juan Altamirano Pizarro (my 14x-great-grandfather), first-cousin of Conquistador Fernando Cortés.
In this blog post, I present the translation of the full document, as copied by the scribe Cristóbal de la Cerda on 20 March 1570. It is actually a copy of only part of the 1566 will, followed by a deed of the disposition of the estate in 1567. Some of the documents are copies of copies, so the chronology is difficult to follow as recorded. The document ends with a note dated 14 April 1573 in the town of Benavente certifying that it was a faithful copy of the originals. I have color-coded the text to help orient the reader as follows:
30 January 1566: Portion of the last will and testament of Juan Altamirano Pizarro, recorded by royal scribe Pedro Sánchez de la Fuente
19 March 1567: Juan Altamirano Saavedra and his sister Isabel de Sandoval agreed to a partition of the estate, recorded by royal scribe Diego Pérez. Curiously, this is just one day before Juan Altamirano Saavedra himself passed away.
11 February 1570: Leonel de Cervantes, alcalde of Mexico, ordered a copy of the partition deed, at the request of Alonso Losa, on behalf of Isabel de Sandoval, which was recorded by royal scribe Cristóbal de la Cerda on 20 March 1570.
14 April 1573: Certification of the documents by royal scribe Blas de Carvajal in the town of Benavente.
As noted in our NMGS article, Juan Altamirano Pizarro named as the executors of his will the Marqués del Valle Don Martín Cortés, son of Fernando Cortés; Hernán Gutiérrez Altamirano (his nephew); and his son Juan Altamirano Saavedra. One surprising feature of the will that I did not catch the first time I read it was that the Count of Benavente (the same family connected to Conquistador Alonso de Benavides) was a debtor to Juan Altamirano Pizarro—which is the reason why this copy needed to be sent and certified, so he could pay off his debts to the estate. From online sources, we know that the person who held this title at this time was Antonio Alfonso Pimentel y de Herrera, the 5th Count of Benavente.
In the name of God Our Lord, Amen. Let it be known to all who see this last will and testament how I, Juan Altamirano, a resident of this distinguished and most loyal city of Mexico in this New Spain, and a native of the town of Medellín in the kingdoms of Castille, legitimate son of Juan Altamirano and of Mencía Maldonado, his legitimate wife, both deceased and now in glory, who were residents of said town, being as I am ill of the body yet in my good judgment, understanding, and full memory, such as it pleases Our Lord to grant me, truly professing as I do that I believe in the Most Holy Trinity (Father, Son, and Holy Spirit) three persons, one single true God, fearing death, which is a natural thing for all mortal men, and wishing to place my soul on the straightest and surest path I can for its salvation, commending as my advocate the Virgin Holy Mary, Mother of God, Our Lady, with all the heavenly court, I grant and declare that I make and order this my last will and testament in the following form and manner.
[The details of the will are missing in this copy]
And to fulfill and pay (i.e. execute) this, my said last will and testament, and all that is contained therein, I name and appoint as my executors and administrators the most excellent Señor Don Martín Cortés, Marqués del Valle, and Señor Hernán Gutiérrez Altamirano, residents of this said city, and Juan Altamirano, my legitimate son, to whom and to any of them, in solidum, I grant full power, as is required by law, so that by their own authority or as they see fit, they may enter upon and take my goods, inventory them, sell them, and remit them in public auction or otherwise, and from the proceeds thereof fulfill and pay this, my said testament, and what is contained therein.
And once fulfilled and paid, this, my said testament, and what is contained therein, I leave and bequeath the remainder of all my goods, rights, and actions as my universal and legitimate heirs to the said Juan Altamirano and Doña Isabel de Sandoval, my legitimate children (and [legitimate children] of the said Doña María de Sandoval, my legitimate wife), the said children to have and inherit them in equal parts, as my legitimate children that they are.
And by this document I revoke and annul, and declare null and of no value or effect, any other wills, bequests, or codicils that before this one I may have made and executed, which I do not wish to be valid nor have force in court or outside of it, except for this, my said testament, which I now make before the present notary, in which my last will is fully expressed.
In testimony of which I executed this document before the notary and the witnesses written below, in whose record I signed my name, dated in this said city on the 30th day of the month of January, year of Our Lord 1566. Witnesses who were present to that which is stated are Miguel de Aza, Bernardino de Santoyo, Juan de Arce, Hernando Altamirano, and Pedro Sánchez from Barco de Ávila, residents and currently present in this said city, who, those who knew how, signed their names in the record. I, the notary undersigned, attest that I know the said grantor Juan Altamirano and Juan de Arce, Miguel de Aza, and Bernardino Santoyo. Done before me, Pedro Sánchez de la Fuente, notary of His Majesty.
I, Leonel de Cervantes, alcalde in this city of Mexico on behalf of His Majesty, order you, Cristóbal de la Cerda, notary of His Majesty and of authentication (i.e. authorized to notarize and authenticate official documents), that if before you are the records of Diego Pérez, notary of His Majesty, deceased, and among them there is a deed of partition made by Juan Altamirano Saavedra and Doña Isabel de Sandoval, his sister, you are to issue it in public form and leave it certified in such manner that it may serve as legal proof to Alonso Losa, on behalf of the said Doña Isabel de Sandoval, paying the fees and lawful charges. Done on the 11 of February 1570. [signed] Leonel de Cervantes. Pedro Vázquez de Vega, public notary.
And I, the said Cristóbal de la Cerda, notary of His Majesty and of authentication in compliance with what was decreed and ordered by the said señor alcalde, did issue the said deed, the tenor of which is as follows.
In the city of Mexico of New Spain, on the 19th day of the month of March, in the year of our Lord and Savior Jesus Christ 1567, in the presence of me, the notary, and the witnesses written below, appeared before me Juan Altamirano Saavedra and Doña Isabel de Sandoval, his sister, legitimate and universal heirs of the señores Juan Altamirano and Doña María de Sandoval, his legitimate wife, their parents, who are in glory, and they declared that, since the said parents are deceased and passed from this present life and [page folded] death, they declared certain real estate and personal property, jewels and precious household items, slaves, and other things that are listed below and belong to them as their legitimate children, the said goods belonging to them as heirs, whose inheritance they have accepted, and if necessary, again they accept it; and as such heirs, they have agreed and concerted, for the sake of peace and concord, as brother and sister that they are, to make and do the partition of the said goods in the following form and manner.
Item, there shall be, and is given and paid to the said señora Doña Isabel, to account for what has been said, 2,316 pesos, one tomín, and five granos of the said common gold, which the Most Excellent Señor Conde de Benavente owes as censo principal (principal sum secured by a rent charge) to the said deceased, as is contained in this partition; and the said gold pesos and their rents remain with the said señora Doña Isabel from the end of the month of June of the said past year of ‘66 onwards, because what is owed up to the said day belongs to the said heirs in common.
With which said 14,415 pesos, four tomines, and two granos of the said common gold, as
declared above, the said Juan Altamirano Saavedra is satisfied with the share that belongs
to him of said his father, and the debts declared above; and the said señora Doña Isabel is satisfied and paid for what belongs to her of the legitimate portion of said her father, and the debt that he owed her, with the said 10,578 pesos, [number missing] tomines, and six and a half granos which are assigned and given to her in this partition, in the things contained in the chapters which by this deed they obliged themselves to abide by and accept in this partition, and to make no claim against it now or at any time; and full power and entire faculty are granted so that each one may enjoy and dispose at will as of their own property the things that are assigned to them, and of each one of them selling and doing with them as they wish and see fit.
And if what the said señora Doña Isabel holds is worth more than what is assigned to the said Juan Altamirano, or what is assigned to the said Juan Altamirano is worth more than what the said señora Doña Isabel holds, of such [portion] of greater and more value, each to the other grants grace and remission for a perfect, irrevocable act which the law calls inter vivos, for now and forevermore, and they renounced the right of indignation and the laws and rights concerning the same.
And they gave and grant full power and faculty to one another, each to the other, so that by their authority, without license or order from a judge or with it, as they please, each of them may take and apprehend possession of what deeds cor- [page folded] to each as assigned and adjudicated in this decree of partition, so that, as said, they may sell, donate, use, exchange, and do to them and with them as of their own property held and acquired with just and lawful title, as this is, and to keep, fulfill, abide by, and pass on what is contained in this said deed, they obliged that persons and movable and immovable goods (both existing and that will exist), gave full power to all and any justices of His Majesty of any part, jurisdiction, or authority that they are subject to, and especially to the justices of this city of Mexico, and they renounced their own jurisdiction and domicile, and the law sit conventio (let there be an agreement) of jurisdiction omnium judicium (of all judges), so that the said justices or any of them may compel and urge them to have, keep, pay, and fulfill as if this letter and what is contained therein were their own, definitively demanded by them and [page folded] passed as a thing decided (i.e., preventing re-litigation); and they renounced all appeal and petition and any laws that are or may be to their help and favor, and especially the law and rule of law that says that general renunciation of laws is not valid.
And the said señora Doña Isabel de Sandoval renounced the Beliano laws (these related to civil laws applicable to women) and partition laws, and all that are and speak in favor and aid of women, inasmuch as she was made aware of their effect by the notary written above; in testimony of which I issued this document before the notary and witnesses written below, which was dated and executed in the said city of México on the 19th day
of the month of March of 1567. It is understood that the censos that belong to the said señora Doña Isabel, contained in this partition, shall be enjoyed by her and the proceeds shall run to her from the end of the month of June of the past year 1566 [page folded] as stated above. Witnesses who were present to what has been said: Hernando Dávalos, Juan Losa, Alonso Losa, and Diego Ferrer, residents of this said city, and the said grantors, whom I, the notary written above, attest to knowing; they signed their names in this record, and agreed that to each of the parties a copy or more of this document may be given. Juan Altamirano and Doña Isabel de Sandoval appeared before me, Diego Pérez, notary of His Majesty.
This said copy with the said original were made, extracted, corrected, and certified in the city of Mexico on the 20th day of the month of March of 1570. Notaries Cristóbal Larroque, Juan de Ledebina?, and Agustín de Miranda, residents of México, and I, Cristóbal de la Cerda, notary of His Majesty and of authentication in the royal audiencia of this New Spain, by order of His Majesty, caused this to be written, and here I made my sign (i.e. official seal and signature) [page folded] Cristóbal de la Cerda.
The notaries of His Majesty who here sign our names give faith and true testimony that Cristóbal de la Cerda, notary undersigned to this document, this writing is signed and marked, notary of His Majesty, and of proof, and to the writings and proceedings that have previously taken place, full faith and credit is given and granted in court and outside thereof.
Done in México on the 20th day of the month of March of 1570. Gaspar Huerta, notary of His Majesty. Pablo de Mercado, notary of His Majesty. Alonso Santillana, notary of His Majesty.
This copy was taken from the will and partitions mentioned therein, from the originals, and I, the notary undersigned, was shown them by Your Excellency, signed by Pedro Sánchez de la Fuente and Cristóbal de la Cerda, notaries of His Majesty, which are therein mentioned, and corrected and compared with their own originals in the town of Benavente on the 14th day of the month of April of the year 1573, in the presence of witnesses to the notary making, correcting, and comparing it with its own original: Alonso Barrero and Rodrigo Alonso, residents of the town of Benavente. [Note regarding corrections made]
[Signed] I, Blas de Carvajal, public notary of His Royal Majesty and notary of record of the said town of Benavente, in concurrence of which my lord, together with the said neighbors, were present to see this copy made, corrected, and compared with its own originals. I made my sign (i.e. official seal and signature) on the same.
Source:
“Traslado del testamento de Juan Altamirano dado en la ciudad de México,” Osuna, C. 426, D. 139, Archivo Histórico de la Nobleza, Portal de Archivos Españoles (PARES)
Thank you.