126,Cross, In the villa of San Fernando on the Proceedings fifth day of the month of October of this on the death 0 z year.one thousand seven hundred fifty-one, of Fr4^. Hern. his honor, Senor Don Marselino Martines, first-ran_king ordinary alcalde of this said villa, said that in view of the fact that he had been informed that yesterday, the fourth of the present,month,l Don Fran. Ernandes had died intestate leaving many children, some of whom are absent, but none minors, and in order that there may be no disrd among the children' the said seftor judge said that in view of the foregoing, and because it was his duty, he should go.and did go to the house of Don Fran. Ernandes, may he rest in peace, to examine the property known to have belonged to the said deceased, make an inventory of it and place it in deposit. And,he ordered, that after the debts had been paid, a junta of the heirs said be held and the residue be divided. Thus did the/sefior alcalde decree, order^ and sign this before me9 the notary. I certify. Marcelino Martines rrubric, Before me: Fran. ffloseph de Arocha,Bubric,
127 Notary Public and Notary, of the Cabildo.D.S. in B., October 5, 1751, p.1,,m.n. in English,: 1751. Unimpt.
128 Immediatly thereafter, in the presence of two witnesses, the undersigned notary, and the children who were in the said villa at the time, the said sefior judge, while he was in the house of the said deceased.don Fran. Ernandes, made the inventory from their the children's, verbal declaration in the following form and manner: First. One stone house in which he lived, with pn.e room and a kitchen and the lot, with lv some fruit trees and //fenced with wooden posts. goods. They declared that he had no household Item. One half day of water from San Pedro Creek, one half suerte in los Nogalitos and another half suerte of land in the environs of this villa. Item. One ox yoke, repaired. Item. One vara, two.hoes, and one axe. Item. They declared that there were in the campo five or six breeding wa. Item. All offensive and defensive arms, one saddle, and one trabu. Item. Six gentle rein horses in the horse herd of the presidio. When the said heirs had declared that there was no
129 property besides the foregoing, the said sefiorjudge ordered,the.appointment of a depositary, until the debts were paid and the declared,property, was partitioned. And he appointed as depositary of the said property, Don Miguel de Castro, son-in-law of the said deceased, until the. arrival of Don Andres Brnandes7 the eldest son of the said deceased, to whom the se.cld property shall be transferred. In this manner, the said inventory was made. The witnesses were Don.Bernave de Caravajcal and Don Joseph Miguel Sigin sic,, residing in the said villa. And the afore- 2 said Don Nliguel de Castrro //accepted the deposit in the presence of the above-said'witnesses, who signed this:with the said sefior alcalde and before me, the notary. I certify. Marcelino Martines,Rubric, Bernabe Carabaxal Rubr.ic, Witness: Joseph Miguel Seguin Before me: Fran,,Rubric, Joseph de Arocha Rubric, Notary Public and Notary, of.^he Cabildo Cin D.S. E., October 5, 17,51, pp. 1-2.
130 In the villa of San Fernando on the fourth day of the month of November, of the year one thousand seven hundred fifty-one, in view of the fact that Andrr6s Ernandes had returned to the province, the sepior alcalde summoned before h_.m the said Andres Ernandes and Don Miguel de Castrro for the purpose of making the transfer of the deposited property, listed in the foregoing inventory and anything else that may be dedlared. When both were present, the =property in, deposit was tranferred in the same nditinn in which the said Don Miguel de Castro:had received it^ without the removal of any part of it whatever. He ^Andres Herndndez, accepted the said property in, deposit; and the said seior judge charged him, as the aaid heir and depositary of the said deceased, to pay from the said property all the debts and the funeral ^expenses, of the aforesaid deceased, his father; and that' when these shall have been paid at the earliest moment possible, a junta of the heirs shall he held if there is any residue and the hi,juela of partition shall be made...and in this manner the, said transfer was made and executed in the presence of the sefior judge, who signed this with me, the said notary. 2v The depositaries did not sign because //they said they did not know how. I, the notary, certify. Before me: Fran. Joseph de Arocha,Rubric,
131 0 Notary Public and Notary, of the Cabildo O.S. in E., October 5, 1751, pp. 2-2v,
132 0 Immediatly thereafter, the same heirs declared that they had forgotten to list, for the inventory the following: First. One metate without a pestle. Item. Two old cases. Item. One chisel. Item. Two old kettles. citem,...ten hens.' Item. One padlock. Item. One old pper olla. Item. One candlestick. = Item,. One iron spoon. Item..Four pairs of shoes, three of rdovan and one of w-hide. Item. One mal. Item. One mattress. Item. One old hatbox. Item. One frying pan. Item. Another medium box with iron rner plates. item. One tercio of salt. Item. Two blankets. These proceedings were closed in this manner until the heirs ask for an hiauela of partition. In order that this might be of rerd, the said sefior judge signed it
133 before me, the notary. I certify. Marcelino Martines rrubric, Before me: Fran. Joseph de Arocha rrubric, Notary Public and Notary, of the Cabildo,D.S. in F., October 5, 1751, p. 2v,
134 3 //,Cross, Senor Alcalde Don Luis Antoni Minchaca sic, In the villa of San Fernando on the eleventh day of the month.of January of this year of one thousand seven hundred fifty-two ^ before Don Luis Minchaca, ordinary alcalde of the.said villa, the following petition was presented, etc.: I^ Andrds Ernandes, a legitimate son of Don Fran. Ernandes and of An Garzia, both now deceased, a vecino of this said villa, appear before your honor in the best form acrding to law and in my own interest to state that, whereas I am the executor and depositary of the estate of my deceased father by order of your predecessor, SePior Don Marzelino Martines, as may be ascertained from the inventories made by the said sefior; ^whereas, he Martines, ordered me to pay all thett.debts or obligations which the said deceased owed, to make an appraisement of the estate prior to the payment of the same, and to hold a junta of.the heirs in order to partition the residue of the estate if there is any; whereas I have, in fact, paid both the funeral expenses, and all the just rdebts, that have been presented; cwhereas, I wish to be released from the responsi-
135 0 bilities of executor because I find that there are no other,debts,, and because all my brothers are now of age and mpetent to receive their shares, therefore, will your honor please call for the inventories, acrding to law, order that the appraisement be made, that the obligations paid, by me be rerded, that the residue be partitioned, and that I be guaranteed from.the most valuable part of the estate the amount that, I have paid from my limited resources. Because I believe this to be just and because justice, is what I am asking for, therefore, I ask and beg your honor to add to the body of the estate any property which my brothers may have. In view of the foregoing, I ask your honor to admit this petition as presented and to please grant my petition because I shall thereby be benefited and shall receive mercy with justice. I swear this my petition in due form and whatever is necessary, etc. Moreover, I ask that this petition be admitted on mmon paper without detriment to the royal treasury, because stamped paper is not used in this province. Ut supra. Andrds Ernandes
136,Rubric, A.D.S. in E.,October 59 1751., p. 3,
137 Uras, The foregoing petition,/, admitted as presented. And by virtue thereof, the said sefior alcalde said that, in view of the fact that the party has said that the inven- 3v tories of his said //deceased father were in the notary's office, I the present notary shall py them the inventories, and shall append this petition thereto in order to proceed with the other judicial acts necessary acrding to law, in nformity with the petition of the party. Thus did the said seflor judge decree, order, and sign this before me, the notary. I certify. Before me: Fran. Joseph de Arocha CRubric, Notary Public and Notary,of the Cabildo D.S. In E., October 51 1751, PP.3-3v.
138 0 Immediatly thereafter, the said se:ftor judge, in view of the fact that the items of, property rerded in the inventory were so few and that the most valuable ^i.tems, were a poor house of stone and mud, now old, and the town lot on which it was built, in order that these might be appraised at their intrinsic. value, his honor.nsidered it advisable to summon before him Jer6nimo de Yvarra, a master mason. The judge ordered that Ybarra, proceed to make the appraisal of the j-4st price of the said house under oath, as was required, and that he be acmpanied by Santiago LiAdn and Don Joseph Peres Casanova for the appraisal of the carpentry work. When -the aforesaid,men, were present, they swore, in the name of our Lord God and a sign of his holy, cross, to appraise the house and town lot to the best of their knowledge and ability. And because they did not,all, know how to write, Xer6nimo Yvarra signed this with the said se4ior judge before me, the notary. I certify. Before me: Fran. Joseph de Arocha CRubric, Notary Public and Notary, of the Cabildo.D.S. in E., October 5, 1751, p. 3v.
139 In the said villa on the said d ay, month, and year, before the sefior judge appeared in their own persons ^.=er6- nimo de Yvarra and Santiago Lifian, master masons, the only ones there are in this villa, and said that, under the oath they had taken for the appraisement of the house of the deceased Fr. Ernandes, to the best of their ability and knowledge, the maximum and just price of the shell of the house with doors and all and of the, lot with fruit trees, of which there are eight, was two hundred.sixty-six pesos; that in their opinion th^^.s was the most it uld be worth, plus eight pesos for one oven and six pesos for one stone chicken house: all of.which amounts to two hundred eighty pesos; and that they made all this declaration as stated above, under oath they had tak.en, because that was as it. should'be in.`mformity with their obliga//tion. And Ger6- nimo signed.this with the said se4sor judge before me, the notary. I certify. 0 Luis Antt. Menchaca Rubric, D.S. in E., Ger6nimo de Ybarra,Rubric, October 5, 1751, pp 3v-4,
140 Item. The lands and water were appraised at one hundred pesos, the same.ramount, for which it rsic, was bought. And all the other property listed in the inventory was appraised by Don Bernab4 Carabaxal, and Nilds Quifiones, in the presence of the heirs, at one hundred forty-six pesos and four reales; all of which,.with:the appraised value of the house and town lot, amounts-to five hundred twenty-six pesos ahd four reales. This proceeding was signed, by the appraisers with the said sefior judge before me, the notary. I certify. 0 Luis Antt. Menchaca,Rubric, Bernab4 Carabaxal Rubric, Nilds Quifiones,Rubric,,D.S. in E., October 5, 1751, p. 4,
141 In the said villa on the said :day?. month, and year, in the presence of the heirs and of the witnesses, because it was of rerd in the form of vouchers and receipt for funeral expenses, and debts, that the said deceased owed the depositary, Andr6s Ernandes, the amount of two hundred sixtj^-nin.e pesos and four reales, wl-=ich he had paid, from his ^own, pocket, and forty-seven pesos from the property of the said deceased, all of wh:ich amounts to three hundred. sixteen pesos and four reales, in order that this might be of rerd, it was set down as an official act, which the witnesses signed with the said setor judge before me, the notary; but the heirs did not sign because they did not know how. I certify. 0 Luis Antt..Menchaca Rubric, Bernabd Carabaxal rrubric, Nilas Quiflones..Rubric,,D. S..in E., October 5, 1751, p.
142 Z!-V //Item. The said heirs said that the said properties of the said deceased should not be put on auction because everything had been appraised at its just value; and that from the said properties, forty-five pesos and four reales be paid And, in of oxen for the to.marya Ernandes in the property which she wished. the presence of the witnesses, she took one yoke and two ws; and that the hens should be left good of the soul of their deceased parents. One w and one young bull from the estate of the said deceased were given to Cayetano Guerero sic, in payj,,qent of what the said deceased owed had paid the aforesaid him. And because Andres Ernandes,amoun.t, and had obligated himself to pay the, balance that might be due, and the twenty pesos to which each heir, was entitled from the partition, all the heirs together and jointly, except-josepha Ernandes who was married in Santa Rosa, relinquished to him all the.property listed in the..inventories for having paid the said obligations,,. Because the heirs did not know how to write, the witnesses and the said sepior judge signed this before me, the notary. I certify. 0 Luis Antt. Menchaca Bernab6 Carabaxal Rubric,,Rubric, Nilds Quifiones CRubric, D.S. in E., October 5, 175 1, p. 4v,