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Lilia E.

Villanueva de Cavazos, Testamentos Coloniales de Monterrey, Universidad Autonoma de Nuevo


Leon, Monterrey, N.L. 1991, translated by Irma Garza Cantu.
p. 23:
1681. Juan Cavazos (Source: Protocolos, Vol. 4, Fol. 5, No. 3)
In the name of God almighty. Amen.

Know all who see this document that I Capitan JUAN CAVAZOS, vecino of this New Kingdom of
Leon, native of the Villa de Santa Maria in Castilla la Vieja (Old Castille), legitimate son of GABRIEL
CAVAZOS and SIMONA DEL CAMPO, vecinos who were from said villa, believe firmly in the mystery
of the Most Holy Trinity, Father, Son and Holy Spirit, three distinct persons and one God almighty and all
that the Mother Roman Catholic Church believes and holds, electing as I elect as my advocate and
intercessor the Ever Virgin Mary Our Lady conceived without original sin, I make and order my testament
and Final will as follows:

First, I commend my soul to God Our Lord who created and redeemed it With his precious blood, and I
want my body to be shrouded in the habit of my Father San Francisco and to be buried in his convent which
is in this city, near the font of holy water, and the manner of my burial I leave to the executors of my will. .
. that a mass be said in the presence of my body with sung vigil and if it is not at an appropriate hour, it is
to be said on the following day (torn) same solemnity and that forty masses be said, twenty prayed at the
Church of said Senor San Francisco and twenty in the parish of this city and . . . one (torn) that a donation
be given from my assets, a peso for each one.

I order that the compulsory bequests of two tomines for each one which I set aside from my assets: and
to the Holy House of Jerusalem one peso, I bequeath to the third order of my Father San Francisco of this
city four (torn) be set aside from my assets (torn), for my daughter MARIA DE LA GARZA (torn) two
hundred pesos as she is poor and an orphan, which are to be under the authority of her uncle AGUSTÍN DE
LA VERA who is to have them on deposit until my granddaughter comes of age so that this will help to
clothe her.

3. Item. I declare that I was married and veiled, as ordained by Our Holy mother the Church, to ELENA
DE LA GARZA, deceased, from which marriage we had and procreated as our legitimate children the
Father Preacher Friar JUAN CAVAZOS, religious of my Father San Francisco; Margarita; Antonio, Clara;
Maria; Lucia; Pablo; Gabriel and Jose of whom the said Gabriel, Pablo and Maria are deceased. I declare
them all my and my said wife’s legitimate children.

Item. I declare that I received a dowry of a thousand pesos at the time that we contracted matrimony and
that I gave her five hundred as is demonstrated in the dowry document that I have among my papers to
which I refer.

4. Item. I declare as my property a hacienda (large landed estate) named Santo Domingo in which I live
and which is a little more than two leagues from this city with the caballerias of land (1 caballeria = 105.73
acres) and sitios de estancia for large livestock (1 sitio + 4338 acres) como de menor that will be evident
from the titles that I have in my possession; they consist of large houses because (torn) four rooms upstairs
and downstairs.

Item. One was paved with flagstones; there is no better one in this kingdom.

Item. Near the house is a room which serves as a stable.

5. Item. A chapel where mass is said, with two ornaments, (torn) missal and chalice, bell and hand bell,
and four paintings of saints, and a very fine statue of Our (torn).

6. Item. I declare as my property all the oxen for plowing (torn) horses, mares, male and female mules,
and a burra (torn) branded with the border (torn) stamped and filled, the cows and the other beasts.
7. Item. I leave as my property six ploughs with their yokes and (torn) ten ploughshares, five axes, six
large hoes, twelve ova (torn) and one iron mallet, two hammers, two chisels, two rods, one saw (torn)
characin that (torn) chisel and a small rod and (torn) that belongs (torn) no,

8. Item. I declare as my property (torn) leave caballerias of land that (torn) as who goes from the
settlement known as El Carrizal to the Camajan mine, the title for which will be found in my papers which
I submit.

9. Item. I declare as belonging to me some sitios with caballerias of land that SEBASTIAN GARCIA
received as a grant from MARTÍN DE ZAVALA and was bought by JUAN DE ESTRADA. I declare as
belonging to me half of said property and the other half belonging to Maria NAVARRO, wife of said
SEBASTIÁN GARCÍA. Those rights and grants will be found among my papers.

10. Item. I leave as my property a large box, a saddle, an arquebus (hand gun), bridle, and spurs.

11. Item. The heirs of Capt. DIEGO de VILLARREAL owe me seven hundred pesos which I donated to
the Confraternity of the Most Holy Sacrament of this city. I instruct that half of that be collected for the
confraternity and the other half for me as it will be shown that the collection that I gave to said
Confraternity what I was given I keep what I would receive, the agreement being that the said Confraternity
would collect the entire amount,
I declare that of the amount that I have coming to me, they gave me ten or eleven silver marcos as my
receipt will show; it is my will that this contract be honored and that the money be collected in the manner I
indicate and that said Confraternity be given what it has coming to it.

12. Item. Capitan DIEGO GONZALEZ, vecino of the Villa de Cadereyta, owes me the amount of one
hundred fifty pesos which he collected for me; accordingly, I order that amount to be collected from him.

13. Item. Capitan Nicolas de OCHOA owes me three hundred and thirty five pesos from the purchase
that the aforementioned made in the company of SEBASTIAN GARCIA of the hacienda that he now owns
as is shown in the document that is in my possession and for which I was to be paid, and because of the list
of bequests that MARÍA NAVARRO and I made, I order that the heirs of said SEBASTIÁN GARCÍA be
charged for that amount, minus that which has already been paid as shown in my receipts.

14. Item. DIEGO BELTRÁN MOLLETONES, vecino of Mexico City, owes me three
hundred pesos and an arquebus (hand gun) which belong to the heirs of Capitan JOSÉ de la GARZA.

15. Item. I declare that I owe Licenciado ANTONIO PÉREZ DE OLIVERA, formerly vecino of the city
of San Luis, ninety or one hundred pesos for which amount I made a promissory note; I order that he be
paid when he produces said promissory note.

16. Item. I declare that I owe the widow and heirs of Don LUCAS DE ORENDAY, formerly vecino of
Mexico [City], one hundred and twenty-five pesos; I order that this be paid.

17. Item. (torn) to the Holy Cathedral Church of the city of Guadalajara ninety pesos. I order that this be
paid.

Item. JUAN DE LAS CASAS in Las Salinas owes me fifteen pesos for ten fanegas of corn which I sold
him. I order that the above-mentioned be collected.

Item. I declare as my property chain mail and two suits of armor for riding horseback.

18. Item. I declare that I have charged my son Fray JUAN CAVAZOS with saying one hundred masses,
and I don’t know whether he has been able to say them. I order my executors to check said priest’s record
and that if he has not said them, they are to be prayed for my soul and forty for my wife and the other sixty
for BARTOLOMÉ GARCÍA, DIEGO DE VELAZCO, PEDRO GONZALEZ, LUIS MARÍN, AND
SEBASTIÁN GARCÍA, nine masses for each of the above-mentioned and the remaining fifteen for the
souls of all the natives that have died in my service, and because I recognize the impossibility of the land, I
give my executors and heirs two years to have whichever priests they choose to say them.

Item. I direct my executors to have twelve masses prayed for the souls of my children, Maria, Pablo and
Gabriel, and that the donation be paid from my assets.

19. Item. I declare that I am obligated to have one hundred and fifty masses paid at the Altar of the
Pardon of Mexico City for the soul of SEBASTIÁN GARCÍA with . . . (torn) five ducados donation to the
hermitage of Our Lady of the Remedies (Nuestra Senora de los Remedios) outside said city so that . . .
(torn) by the confrier (member of the confraternity) in said hermitage for which I have remitted by the hand
of Capitan PEDRO DE LA ROSA, vecino of this city to be done within two years time, more or less.

20. I declare that when SEBASTIÁN GARCÍA bought the farm (hacienda de labor) from MARÍA DE
MENDOZA in which now (torn) on which Alferez PEDRO GARCÍA funded the chaplaincy of . . . (torn)
deceased, the title was authorized in the amount of four caballerias (1 caballeria =105.73 acres) of land
regarding. . . (torn) then (torn) grant that was apparently hers and although the price of purchase was
excessive, nine hundred pesos, for
nothing more than land and waters, nevertheless, since we do not know whether I and
the said SEBASTIÁN GARCÍA, deceased, remain encumbered with something, in order to ease his soul
and mine, I direct my executors that they pay the heirs of the said MARÍA DE MENDOZA fifty pesos, and
I ask MARÍA NAVARRO that, as heiress along with me of said SEBASTIÁN GARCÍA, she pay another
fifty as her part.

21. Item. I declare that when I married my daughter MARGARITA DE LA


GARZA to PEDRO GARCÍA, I sent a dowry of two thousand pesos as shown by his receipt which is in my
account book in folio five.

22. Item. I declare that when I married my daughter CLARA DE LA GARZA to


AGUSTÍN DE LA VERA, I sent him another two thousand pesos which I have one
thousand ninety pesos set aside; the rest I have paid with the flour mill that is in the farm (hacienda de
labor) with all the adherents belonging to said mill in which more than the rest of the two thousand two
hundred pesos was invested. Of this, I owed the Padre Fray JUAN CAVAZOS, my son, one hundred pesos
which his mother left him in her testament and the donation of one hundred prayed masses and with more
than sixty-eight pesos for my said
daughter from the assets of LUIS MARÍN, deceased, of which she was heiress which amounts were
included in the value of said mill which the said AGUSTÍN DE LA VERA authorized me in his dowry
document which he gave me and which I declare belongs to said mill with all its adherents and with the
water belonging to its use which I request and beg my sons Antonio and Jose not to interrupt said water
because it is very useful as it is to the said hacienda as for all of this kingdom said mill and . . . (torn) gar in
the matter of
the chaplaincy from far (torn) twelve masses prayed which remain for AGUSTÍN DE LA VERA to arrange
to be prayed for my soul and that of my wife and to insure this further, I leave to my said daughter CLARA
DE LA GARZA a piece of land that is between the two irrigation channels that are in said mill and with the
necessary water for said piece of land, and it is understood that the masses be said every year, and the piece
of land is understood to be between the drain from such mill and the cequiecita that goes to the reservoir.

23. Item. I declare that when I married my daughter Maria de la GARZA to Capitan IGNACIO
GUERRA, I sent a dowry of two thousand pesos which I paid as is clear from the receipt, and the
remaining twenty seven are set aside in her account; I direct that the rest of it be given to her to settle the
account.

24. I declare that when I married my daughter LUCÍA to ANTONIO DE ESTRADA, I sent him two
thousand pesos in dowry, which I paid as shown in his receipt which is in my account book.

25. Item. I declare and direct that in regard to arrangements about the funding of the chaplaincy for the
soul of SEBASTIÁN GARCÍA as contained in his testament which mentions naming of the patron, that the
will of the testator be observed as is indicated in the clause of said testament that is in my possession and
which is to go to the first chaplain that the said deceased named, JOSÉ CAVAZOS, my son. In regard to
the fact that his ordination had no effect because he married and is still married at present so that in order to
arrange his days and name chaplain for the time that remains to me, such patron the naming of chaplain
using the right that I have from that point, I name DOMINGO GUERRA, my grandson, legitimate son of
Capitan IGNACIO GUERRA and MARÍA DE LA GARZA, and not wanting to be ordained, the said
chaplaincy is for the first of my grandsons who is ordained.

26. Item. I declare that I have three rancherias (rancheria = Indian settlement where dwellings are not
permanent and are scattered some distance from each other) of Indians of the Borrado nation and that of the
Alazapas by grant from Don MARTÍN DE ZAVALA, former Governor of this kingdom. . . (torn) the
aforementioned is clear from the grant by virtue of the will of His Majesty and of the law of succession,
they will go to my son ANTONIO CAVAZOS, as he is the eldest son so that he will succeed by right of the
second
lifetime according to the will of His Majesty and with the charge to which he is obligated, according to the
decrees of His Majesty, to give instruction in the articles of our Holy Catholic Faith and good treatment
which I beg and charge that he give said Indians and in virtue of this clause, it is legitimized and declared
by me that he might have and enjoy said encomienda with God’s blessing and mine. And it is my will that
the Indians whom I have given to my children will not be taken from them but will remain in their service
and thus I direct and request.

27. Item. I declare that LUIS MARTÍN, former resident of this kingdom whom I had in my house for
many years when he left for Nueva Espana, authorized his testament naming as his heir PABLO
CAVAZOS, my son and his godson, with the declaration that if he should reach adulthood, he was to
receive his inheritance; otherwise, it would pass to my children Clara, Maria and Lucia who would receive
equal shares. When the aforementioned died, his only assets were one hundred eighty six quintales (1
quintal = 46 kg.) of lead which I collected in the Villa de Cerralvo and which were sold in this kingdom at
twelve pesos quintal that went up to two hundred and seventy nine pesos, which came into my possession
from which they must go down eighty six pesos for these belong to my aforementioned daughters because
of the death of my son Pablo before reaching adulthood, I direct that it be paid to them except for Clara for
she has already been paid.

Item. I declare that my son ANTONIO has three yokes of oxen, two ploughshares, and some beasts
(probably horses and mules), all of which he has acquired through his industry and labor; I declare this so
that they will not be included among my assets for these are his. And in order to pay for this my testament,
orders and legacies to him, I name as my executors my said sons, ANTONIO and JOSÉ CAVAZOS, and
the Alferez AGUSTÍN DE LA VERA, my son-in-law. To the latter, as bookkeeper of my assets, for the
great experience that he has in the matters and who will know how to put everything in order expeditiously
and who will serve as father to my children in whatever disagreements young men might have and
whichever of them in solidum so that they will use said office as long as he is settling the claims, and if
more time should be necessary, I extend it, and when the orders and legacies of this my testament are
fulfilled, I name and establish as my universal heirs the said ANTONIO, JOSÉ, CLARA, MARÍA and
LUCÍA that they may enjoy what each receives with God’s blessing and mine, getting the amounts of the
dowries that the said PEDRO GARCÍA, AGUSTÍN DE LA VERA and Capitan IGNACIO GUERRA have
received, and in this manner and wanting to get their share of the inheritance, to observe and carry out this
clause, proving what they received in the same manner that they received it as is their right. And I revoke
and annul whatever testaments and codicils I have made earlier
either orally or in writing because I want only th

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