The Last Will and Testament of Elena
Spanish Archives of New Mexico, Series I, Roll 38, fr. 764-66.
Revised Translation by
José Antonio Esquibel
In the name of God Almighty and the Blessed Queen, the Ever Virgin Mary, and the Glorious Saint Joseph, her most pure spouse, and of my Holy Guardian Angel, and the Saint of my name, and of the Holy Apostles Saint Peter and Saint Paul, and other Saints of the Court of Heaven. I, Elena Gallegos, say that I believe loyally and truly in the Mystery of the Holy Trinity, Father, son and Holy Spirit, three distinct persons and one True God, and likewise I profess that I wish to live and die confessing this truth and all the articles of faith and all that which our Holy Mother Church believe and confesses, and I believe that Jesus Christ, Our Lord, is author of the Sacraments, and I want to be and I am very compliant to His Most Holy Will.
First, I say that if God, Our Lord, should be so pleased to take me by this illness in order to unburden my conscience and to save my soul, I make this testament which is in the following form: first, [illegible, but most likely reads: "I command"] my soul to God who created it and redeemed it with His precious blood, and the body to the earth from which it was formed. Item: I order that if God should take me that my body shall be shrouded in the habit of my Father Saint Francis. Item: That it be buried in the church of my parish of this Villa de Albuquerque. Next to the font of Holy Water, and I ask that this be done for the love of God. Item: That my burial be with a mass and vigil with my body present, and that the other ceremonies be at the discretion of my executor. Item; I ask that my burial and funeral be of the most humility; that I demand this because I am a poor widow.
First: I declare that I was married and veiled with Santiago de Gurulé for the period of twelve years in which time we had and procreated one son who is named Antonio de Gurulé whom I declare as my legitimate heir. Item: I declare that when I was married I had nothing.
First: I direct that to the forced bequests there be given six pesos to the three bequests and I separate this from my possessions. Item: I declare possessions
that which I acquired after marriage between myself and my husband which are as follows: first, this tract of land and my dwelling house with its acequia (irrigation ditch) and cultivated land, segregating from it a piece of land that I give to my brother, Felipe Gallegos, which he has had set off to him according to its boundaries as it appears by the instrument of donation, and this was done with the full consent of my son. Item: I have thirty-two head of branded cattle. Item: Two yoke of oxen with their yokes. Item: Twelve mares, and two colts, one two years old and the other one year old. Item: Two mules, one "severa" [?] and the other of two reins ["de dos riendas"] and a male mule "de fabsa rienda" [?]. Item: Two silk petticoats, one cloak, one rose color "mantellina," one silk shawl, one dress pattern, some coral bracelets, one reliquary with silver frame, and one Michoacán chest. All that which is mentioned, it is my will to leave to my granddaughter, Manuela [María Manuela Gurulé, md. March 20, 1737, Albuquerque, with Captain Baltazar Griego, son of Juan Griego and Juliana Saíz].
Item: I declare that all [the next line is not legible because most of the words are missing] they are to be my son's to whom I leave them as my legitimate heir. Item: I order that there be given to my brother, Felipe Gallegos, three mares and one yearling mule breaking two [years?], and I separate it from my possessions. Item: I declare that it is my last will to leave, and I do leave to my son, Antonio Gurulé as my legitimate heir, guardian and custodian of [my] possessions, and he accepted and confirmed to carrying out all that is ordered above. Item: I direct that this my last will be observed and carried out.
Item: I declare that another will that had I had made and which was authorized by Captain Tiburcio de Ortega I revoke and annul it; only this present one shall stand. And, having set forth all my possessions and debts, I entreat the Alcalde Mayor of this jurisdiction to interpose his authority in order that this, my will and testament, will have the force and vigor that is required, and it is made on the first of May of [third page begins here] one thousand seven hundred and thirty-one years, and she did not sign because she did not know how, and her brother, Felipe Gallegos, signed at her request. On the first day of May of the year one
thousand seven hundred and thirty-one, I, the Captain Juan González Bas, Alcalde Mayor and War Captain of the said Villa de San Felipe de Albuquerque give faith that this testament was executed before me as Juez Receptor with two assisting witnesses and two instrumental witnesses in the absence of a public or royal notary, there being none in this kingdom, and on the present paper because the stamped paper is not currently available in this kingdom, on the said day, month and year ut supra. At the request of Elena Gallegos, Phelipe Gallegos before me as Juez Receptor, Juan Gonsales Bas Assisting witness, Joseph de Quintana Assisting witness, Phelipe Gallegos, [and] Joseph Montaño Juan Griego
This is in agreement with the original from which I, the Captain Juan Gonsales Bas, Alcalde Mayor and War captain of this Villa de Albuquerque, had literally copied, and it is corrected, examined and compared with the original to which I refer, and José de Quintana and Pedro Lucero were present when it was made, and they signed it as witnesses on the sixth day of the month of February of the year one thousand seven hundred and thirty-two.
In testimony to the truth, I set my usual signature and rubric. Juan Gonsalez Bas (rubric). Assisting witness, Joseph de Quintana (rubric). Assisting witness, Josephe Montaño (rubric).