Last Will and Testament of Captain Juan Joseph Moreno, 1756

Captain Don Juan Joseph Moreno, a native of Seville, Spain arrived in New Mexico by way of El Paso del Norte sometime in the early 18th century. He played a prominent role in the investigation of the affair between Juan Márquez and Manuela Abeyta (see the Murder of María Magdalena Baca blog post).

Since he and his wife Doña Juana Roybal did not have any children of their own, at first glance, his will would seem to be of little genealogical interest. However, because Don Juan Joseph was such a prominent rancher and trader, his will contains interesting information on the economic ties between families living in Taos, Santa Fe, El Paso del Norte, Chihuahua and Sonora.

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In the name of Almighty God, Amen.

Let it be known to all who see this letter and testament of my last will that I, Don Juan Joseph Moreno, a native of the Kingdoms of Castile, of the city of Seville, legitimate son of Don Roque Moreno and Doña Isabel de Ávila y Villavicencio, residents of said city, now deceased, being ill in bed with an illness that Our Lord God has seen fit to send me, and considering that I may die from it, fearing, as a Catholic Christian, the strict account I must give to His Divine Majesty, desiring to fulfill my obligation so that my soul may be saved and that my affairs may be arranged for the greater honor and glory of God, I make this my will, being in full possession of my faculties and my five senses, and it is as follows:

First, I declare that I faithfully and truly believe and confess, as a Catholic Christian, in the mystery of the Holy Trinity—Father, Son, and Holy Spirit—three distinct persons and one true God, and in all other things that Our Holy Mother, the Catholic Apostolic Roman Church, believes and confesses. In this faith and heritage, I profess and wish to live and die as a Catholic Christian for the greater honor and glory of Our Lord God and the salvation of my soul, which I commend to His hands upon departing from this body, that He may receive and judge it according to His mercy. For this purpose, I invoke as my intercessor and advocate His Most Holy Mother, My Lady of the Light, my guardian angel, the saints of my name, the Holy Apostles Saint Peter and Saint Paul, my father Saint Francis, and the rest of the court of heaven, as well as the celestial prince Saint Michael the Archangel, so that they may intercede with His Divine Majesty and free me from all the accusations that the devil may bring against my soul.

Item, I declare that if Our Lord God sees fit to take me from this life to the next, I entrust my soul to Our Lord God, who created and redeemed it with the infinite price of His precious blood, and my body to the earth from which it was formed.

Item, I order that if I should die from this illness, my body be shrouded in the habit of my Seraphic Father Saint Francis and buried in the parish church of this town, in the chapel of Nuestra Señora de la Conquistadora, in the place and location that my executors determine.

Item, I declare that I am married and lawfully wed according to the order of Our Holy Mother Church in this town of Santa Fe to Doña Juana Roybal, with whom I have lived in marriage for approximately twenty-three years, more or less, during which time we have had no children, either sons or daughters. I declare this so that it may be known.

Item, I order that the mandatory alms be given at two pesos each, taken from the best of my assets, which I separate and exclude from my estate.

Item, I wish and it is my will that my funeral be performed with a requiem Mass with a deacon and subdeacon, with honors and an anniversary Mass at the discretion of my executors, to be paid from the best of my assets.

Item, I order that 250 recited Masses be said for my soul, along with three novenas recited in the chapel of Nuestra Señora de la Conquistadora and another novena on the first feast day of My Lady of the Light after my passing. The alms for all that is mentioned in this clause shall be paid promptly as is customary, from the best of my assets, and my executors shall distribute them among the religious of this holy jurisdiction whom they deem most suitable.

Item, I declare that I have an account with Don Francisco Gómez, a resident and merchant of the Villa of San Felipe el Real de Chihuahua, to whom I am indebted for the amount that is recorded in his account ledger, which is among my papers. I order that, once settled, it be paid from my assets in currency.

Item, I declare that I owe Father Don Francisco García, a resident of the Hacienda del Carmen, approximately 100 pesos from various transactions I conducted in this kingdom, which are recorded in a note. Although I hold power-of-attorney to collect other debts, I have collected only what is specified in said note. I order my executors to settle this debt, returning the power-of-attorney to said father to collect the remaining debts owed to him.

Item, I declare that I owe Ventura de Mestas 100 pesos in currency, with two years of interest at five percent, and I order that they be paid.

Item, I declare that I owe Don Manuel Sanz de Garbizu 93 pesos in silver, which were issued in his favor by the Reverend Father Friar Manuel Bermejo, to whom I was indebted. I order that they be paid to said Don Manuel.

Item, I declare that I owe María Coca, now deceased, three embroidered women’s shirts, one of linen of Rouen and the other two of Brittany fabric with a small Lorraine lace trim two fingers wide. These were intended for sale in the province of Sonora on behalf of said lady. However, as I was unable to sell them, I entrusted them in good faith to Don Manuel de Sosa, a resident of said province in the Real de Nacozari. Having learned that he has died and that he sold them, and that his widow has since remarried, I have arranged to settle this matter with the children of the said María Coca. The garments shall be appraised by skilled women, and I am prepared to pay whatever value is determined. To this account, I have already given them four packhorses and some goods, which are recorded in my notes. Any remaining debt shall be verified by my executors, and if any amount is still owed, I order that it be paid from my estate.

Item, I declare that I have various hired servants in my service, as will be recorded in the account book, to whom payments will be adjusted; and those who owe me shall be collected from, while those to whom I owe, I order to be paid.

Item, I order my executors that if anyone should come forward claiming that I owe them any amount or balance that, due to lack of memory, I have failed to express in this, my testament, if proven, I order that it be paid. And for the satisfaction of the debts I have stated and those that may justifiably arise, I declare the following as my assets:

First, the house in which I reside, which consists of a living room, three rooms, a kitchen, a stable, a corral, and two additional rooms, along with farmland adjoining said house, as recorded in the deed of sale in my possession, extending up to the stream.

Item, I declare as my property 26 or 27 horses in the town of Taos.

Item, a yearling donkey and a filly of the same age.

Item, the cattle bearing my brand that may be found in said town of Taos.

Item, in the possession of Antonio Sandoval, a resident of Las Golondrinas, 50 mares of all ages along with their stallion.

Item, in the herd of this royal presidio, there are 20 horses.

Item, I declare that in said herd I own about 30 mule beasts, mostly mules, of which nine have been sent away for freight, and three are in my possession.

Item, I declare that in the possession of Gerónimo Martín, a resident of the settlement of Abiquiú, there are 58 breeding cows and ten breeding bulls, as recorded in the deed he granted me, which is in my possession, by which my executors will be able to administer them, along with sixteen heifers and sixteen young bulls from the partido caído that remained in his possession at my expense and risk.

Item, eight rams in the town of Taos, aged three to four years.

Item, three yokes of tame oxen in this town.

Item, I declare that I own approximately 500 hides of all types.

Item, I also declare that I have around 30-some fanegas of roasted pine nuts.

Item, I declare that I have various goods, which will be recorded in a simple inventory.

Item, the clothing for my personal use.

Item, the harnesses for horseback riding.

Item, weapons, including a shotgun, blunderbusses, a broadsword, and a leather shield.

Item, I declare as part of my assets that I sent, through a local resident, a load of hides to Don Antonio Gutiérrez del Castillo, as recorded in a note, so that he might send me goods in return. If the amount was insufficient for this transaction, I request that it be fulfilled accordingly. And if it is confirmed by his letter that he has advanced the necessary amount, I order my executors to pay him from my estate.

Item, I declare that I gave Antonio Domínguez, alias “El Venado,” a load of buckskin hides on his account, all at fixed prices: the large ones at twelve reales, the medium ones at ten, the scraps at five reales, and the white deer hides at twelve reales. A document exists detailing the quantity of each type.

Item, I declare that I gave Don Mateo Roybal other buckskin hides, which will be recorded in a note detailing how he received them.

Item, I also declare as part of my assets 65 pesos in currency, 30 scraps at six reales each, and an additional five pesos and four reales owed to me by Don Juan de Gabaldón, as recorded in a note among my papers. I order that this debt be collected.

Item, I declare that I lent Manuel Olguín, a resident of the Santa Bárbara outpost, in the Villa of San Felipe el Real de Chihuahua, ten pesos in currency at the house of Don Francisco Gómez. He repaid five, and I order that the remaining five be collected, as the other five were covered by me.

Item, I declare that Juan Luis de Tafoya, a resident of El Paso, has owed me since the year he left El Paso with me, sixteen horses and two mule beasts, one of them a tame riding mule, which I provided him with at El Paso to pursue a group of horses that had escaped in a stampede. He recovered and sold them wherever he found them, as I have been informed by letters received from individuals on the estates where the animals ended up. A document exists detailing this matter, and I order my executors to collect the debt from him.

Item, I declare that Juan Joseph de Rojas, alias “El Catalán,” a resident of El Paso, owes me a barrel of wine in exchange for a roda estrado and a door curtain. If he does not send it now, I order my executors to collect it from him.

Item, I declare that Joseph Manuel del Castillo, alias “El Sastre de la Huerta,” who resides in Senecú, owes me five flasks of wine. I order that it be collected.

Item, I declare that Don Bernardo González de Castro, a resident of El Paso, owes me three leather jackets at seven azes each, with their embellishments. I order that they be collected.

Item, I declare that Don Carlos Mirabal owes me 60 sheep and a horse as the result of an account settlement from four years ago, and I order that it be collected.

Item, I declare that the widow of Villalpando, who lives in El Embudo, owes me the remaining balance of a debt from her late husband, after accounting for what she has already delivered to me, 43 pesos, along with two crowbars and a pickaxe that I have in her possession. I order my executors to collect the remaining debt and to claim the two crowbars and pickaxe.

Item, I declare that Miguel el Chayo, a resident of Taos, owes me ten hides valued at two pesos each as the remaining balance for an Indian woman, along with a few additional pesos for some knives I left in his possession. According to his conscience, he shall declare what is owed. I order my executors to collect the amount still due for the said knives along with the ten hides valued at two pesos each.

Item, I declare that Cristóbal Tafoya, in Jacona, owes me six pesos for three patios. I order that they be collected.

Item, I declare that Manuel Martín, from La Joya in Río Arriba, owes me a horse or its equivalent value in buckskin hides.

Item, I declare that Don Juan García de la Mora owes me a copper pot that I sold him, weighing eleven pounds and four ounces, at a price of two pesos. As the price did not suit him, he agreed to return the said pot in Chihuahua, and I was to return him two pounds of powder. I order my executors to collect the remaining balance.

Item, I also declare as part of my assets all the items recorded in my account book and simple papers, in which any items given or agreed upon are noted. I order that these amounts be collected.

Item, I declare as part of my assets two leather jackets at seven azes each, one decorated and the other only with embellishments.

Item, I declare that I have raised in my company and that of my wife my niece, Antonia Roybal, daughter of Don Mateo Roybal, whom I took into my care since her childhood and who remains in my household. Out of the affection I have for her, it is my will to leave her, from the remainder of my estate, 60 sheep, along with all the clothing that is recognized as hers. It is my will that these sheep be delivered to her father so that he may continue to increase them until such time as she is to be settled in life. In the meantime, my wife shall continue to provide for her in her company, in the same manner as we have cared for her up to the present. I entrust her with ensuring that when she is to be married, it be done with her consent and to a person suitable to her station, which I trust she will carry out.

Item, I declare that from the remainder of my estate, I leave 300 pesos to the Most Holy Virgin of Light, at the cost of the land, to assist in the construction of her chapel in this villa of Santa Fe.

Item, I declare that at the time of my marriage to my wife, Doña Juana Roybal, I received ten breeding cows, one bull, and a yoke of oxen. I declare these assets to be hers, as they were given to her by her parents. I order my executors to separate them from the main estate and deliver them to my said wife.

Item, I declare, and it is my final will, to name my wife, Doña Juana Roybal, as my sole and universal heir after all my directives have been carried out and all debts paid. I do this in recognition of her assistance in increasing our wealth and for the care and attention she has given me throughout my illnesses. I implore her forgiveness for any issues or difficulties that may have arisen during our time together, as this is my final and ultimate will.

Item, I declare that to fulfill and uphold everything expressed in this, my testament, I appoint as my executors, first and foremost, my wife, Doña Juana Roybal, as heir to my estate. Secondly, I appoint the Bachiller Don Santiago Roybal, thirdly Don Mateo de Roybal, and fourthly Don Francisco de Arróniz. These individuals, through mutual consultation, shall ensure the complete fulfillment of this testament and shall oversee all accounts and records found in my books and loose papers, taking all necessary measures for the relief of my soul. By this, I discharge my conscience, and it shall be duly noted at the time of my passing that if any signed memorandum, written in my own hand and dated after this testament, is found, it shall be my last will and must be upheld, fulfilled and executed in all respects.

To ensure that this testament carries all the necessary force and authority, I have requested and petitioned the Governor and Captain General of this Kingdom, the current officeholder being Don Francisco Antonio Marín del Valle, to interpose his judicial authority. I, the said Governor and Captain General of this Kingdom, declared that I have interposed and do interpose said authority.

Witnesses to this instrument were Don Vicente Ginzo, Rony Tobar, Don Bernardo de Miera y Pacheco, and Felipe Tafoya, all residents of this Kingdom. The said Don Joseph Moreno, grantor of this testament, signed it together with me and the attending witnesses, as there is no public or royal notary in this Kingdom. This was done in the Villa of Santa Fe on the 28th day of the month of January, in the year 1756.

Source: “New Mexico, U.S., Land Records of New Spain, 1692-1916,” Collected Spanish Land Files, Serial 10263 Items 536-586, No. 552. Available on Ancestry.com.