Browse Documents By...
Original Language...
Documents For...
Browse Commentaries By...
Browse Referred Persons By...
Núñez de Arce’s Will , Madrid (1895)
Source: Archivo Histórico de Protocolos de Madrid, T. 37814, f. 1332r-1335v
Citation:
Núñez de Arce’s Will , Madrid (1895), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
7 translated pages
Chapter 1 Page 1
Will and Testament of His Excellency Mr.
Gaspar Núñez de Arce
Number two hundred and twelve___________
In the City of Madrid
on the twenty-second day of June 1895
Before me, Don Manuel de las Heras
y Martínez, Notary Public of the Illustrious
Territorial College of this capital,
and its district,
whose fixed address is same,
hereby appear: _____________________________
Don Serafín Rodríguez Portillo, of legal age
married, the owner, and a resident of this Court,
whose address is at the house number 14,
Princesa street_________________________
Don Isidro Urbano y Calvo, of legal age,
married, a qualified master builder and resident of
city, whose address is at the house at number 6,
Paseo de San Vicente,_________________
Chapter 1 Page 2
And Don Cristóbal Hernández y Berrocal,
of legal age, married, a tradesman, and
a resident of Madrid, whose address is at
number 44, Mayor Street,
They appear as qualified witnesses
and ensure me that
the exceptions instructed to them
of Article six hundred and eighty
of the Civil Code, do not apply
Appearing at the Notary's Office is:_________
His Excellency Mr. Gaspar Núñez
de Arce, who states he is from
Valladolid, in the province of the same name;
that he is aged sixty two years old, the son of Ma-
nuel and Eladia, both deceased.
He is married to Her Excellency Mrs.
Isidora Franco y Jimeno, and is a former Minister
and resident of this Court, whose address is at
the house at number four, Cruzada street.
He is registered as a resident
with card number six thousand two hundred
and three of the third of September of
last year, ________
Given the circumstances expressed and
Chapter 1 Page 3
and ensured by the Gentleman appearing before me
that he is in full possession of his civil rights,
complete health for understanding and
is free to exercise his will, in the opinion of
the witnesses and I, the Notary, he has
the legal capacity required to make a will
and _______________________________
Hereby states :_______________________
That in the name of God and in his
right to profess the Catholic,
Apostolic, Roman faith, he formalizes
his will and testament in the following terms:
First. He leaves the usufruct of all the properties
he owns, and those he might own
hereinafter, as well as the ownership
of his literary works and the product of his
works of art, furniture, books,
etc that the interested parties in mutual agreement
consider suitable to alienate,
to his legitimate wife, Isidora
Franco y Jimeno. Upon her death,
it is his wish that ownership passes to his brothers' children,
Braulio Núñez de Arce
Chapter 1 Page 4
and Luz Fernández de la Reguera,
increasing the fifth part to the first-born,
Gaspar, who he has raised as his
own son. It shall be understood that
the interested parties, who must agree upon the
above-mentioned disposal, shall be
the usufruct heiress and the
legal representation of
other inheritors of the estate, without the
need for the legal authorities or anyone else
to intervene_________________
Second. He bequeaths to his brother and sister,
Antonio and Concepción Nú-
ñez de Arce, one thousand two hundred
and fity pesetas, in cash, for mourning, as
a reminder of his fondness for them.
Third. He hereby states that he would have wished to
divide the limited estate he was able to
to accumulate from his work between
his aforementioned brother and sister
who always found in him the love of a father;
but as his estate is limited for dividing
among many participants ; as God did not give
Chapter 1 Page 5
them any direct descendants;
and because of the social positions
that Antonio and the husband of Concepción,
Mr. Rafael González Cosío, have achieved,
they have acquired passive rights for themselves
and theirs wives; that his brother Braulio is loaded
with children and, due to his kind of fate,
he is unable to aspire to leaving his family
either a widow's or orphan’s pension;
given the above reasons and feeling obliged
to ensure the education and luck of his nephews,
who are the only ones who can perpetuate the surname,
in his view he will comply with a duty of conscience
in accordance with the arrangements laid down for what
little he owns. However, he suggests to his inheritors
that if, due to the vagaries of fortune,
his aforementioned brother or sister were
at any time in need and
Chapter 1 Page 6
and found themselves in a truly distressed situation,
they should go to their assistance as far as
possible, not only understanding that he will be grate-
ful from the the other life for what they are
doing but also that they are doing so for him.
Fourth. He begs the inheritors to reward,
as they so wish, the servants
who were at the service of the testator
at the time of his death, if
due to their good behaviour, they are worthy of this
renumeration ________________________
Fifth. He entrusts to his wife, Isidora
Franco, if she survives him, and if not,
to the other inheritors, that his
burial be very modest, without any pompo
or mundane ostentation._____________________
Sixth. He revokes and cancels whatever
testamentary dispositions
there might be in any form
prior to this one. ___________________
Such is the will and testament granted by
Excellency Mr. Gaspar Núñez
de Arce and after, reading it
aloud; he approves, confirms and
Chapter 1 Page 7
signs it with the witnesses at twelve
thirty in the afternoon. The testator
is aware of all the above. In my
opinion, he has the legal capacity
necessary to make a will; he is known
by the witnesses, which they
confirm. Having complied with all the
formalities stated in articles
six hundred and ninety four to
six hundred and ninety nine inclusive
of the Civil Code, I, the Notary hereby
certify and advise on the terms given
in Article Three of the Royal Decree
of the twenty third of August, 1893
concerning the payment of inheritance
and property transfer tax
in the case of hereditary
sucession.
Gaspar Núñez de Arce
Serafín Rodríguez Portillo
Isidro Urbano y Calvo
Cristóbal Hernández
Manuel de las Heras y Martínez
Translation by: Kay Leach
Source: Archivo Histórico de Protocolos de Madrid, T. 37814, f. 1332r-1335v
Citation:
Núñez de Arce’s Will , Madrid (1895), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
7 translated pages
Chapter 1 Page 1
Will and Testament of His Excellency Mr.
Gaspar Núñez de Arce
Number two hundred and twelve___________
In the City of Madrid
on the twenty-second day of June 1895
Before me, Don Manuel de las Heras
y Martínez, Notary Public of the Illustrious
Territorial College of this capital,
and its district,
whose fixed address is same,
hereby appear: _____________________________
Don Serafín Rodríguez Portillo, of legal age
married, the owner, and a resident of this Court,
whose address is at the house number 14,
Princesa street_________________________
Don Isidro Urbano y Calvo, of legal age,
married, a qualified master builder and resident of
city, whose address is at the house at number 6,
Paseo de San Vicente,_________________
Chapter 1 Page 2
And Don Cristóbal Hernández y Berrocal,
of legal age, married, a tradesman, and
a resident of Madrid, whose address is at
number 44, Mayor Street,
They appear as qualified witnesses
and ensure me that
the exceptions instructed to them
of Article six hundred and eighty
of the Civil Code, do not apply
Appearing at the Notary's Office is:_________
His Excellency Mr. Gaspar Núñez
de Arce, who states he is from
Valladolid, in the province of the same name;
that he is aged sixty two years old, the son of Ma-
nuel and Eladia, both deceased.
He is married to Her Excellency Mrs.
Isidora Franco y Jimeno, and is a former Minister
and resident of this Court, whose address is at
the house at number four, Cruzada street.
He is registered as a resident
with card number six thousand two hundred
and three of the third of September of
last year, ________
Given the circumstances expressed and
Chapter 1 Page 3
and ensured by the Gentleman appearing before me
that he is in full possession of his civil rights,
complete health for understanding and
is free to exercise his will, in the opinion of
the witnesses and I, the Notary, he has
the legal capacity required to make a will
and _______________________________
Hereby states :_______________________
That in the name of God and in his
right to profess the Catholic,
Apostolic, Roman faith, he formalizes
his will and testament in the following terms:
First. He leaves the usufruct of all the properties
he owns, and those he might own
hereinafter, as well as the ownership
of his literary works and the product of his
works of art, furniture, books,
etc that the interested parties in mutual agreement
consider suitable to alienate,
to his legitimate wife, Isidora
Franco y Jimeno. Upon her death,
it is his wish that ownership passes to his brothers' children,
Braulio Núñez de Arce
Chapter 1 Page 4
and Luz Fernández de la Reguera,
increasing the fifth part to the first-born,
Gaspar, who he has raised as his
own son. It shall be understood that
the interested parties, who must agree upon the
above-mentioned disposal, shall be
the usufruct heiress and the
legal representation of
other inheritors of the estate, without the
need for the legal authorities or anyone else
to intervene_________________
Second. He bequeaths to his brother and sister,
Antonio and Concepción Nú-
ñez de Arce, one thousand two hundred
and fity pesetas, in cash, for mourning, as
a reminder of his fondness for them.
Third. He hereby states that he would have wished to
divide the limited estate he was able to
to accumulate from his work between
his aforementioned brother and sister
who always found in him the love of a father;
but as his estate is limited for dividing
among many participants ; as God did not give
Chapter 1 Page 5
them any direct descendants;
and because of the social positions
that Antonio and the husband of Concepción,
Mr. Rafael González Cosío, have achieved,
they have acquired passive rights for themselves
and theirs wives; that his brother Braulio is loaded
with children and, due to his kind of fate,
he is unable to aspire to leaving his family
either a widow's or orphan’s pension;
given the above reasons and feeling obliged
to ensure the education and luck of his nephews,
who are the only ones who can perpetuate the surname,
in his view he will comply with a duty of conscience
in accordance with the arrangements laid down for what
little he owns. However, he suggests to his inheritors
that if, due to the vagaries of fortune,
his aforementioned brother or sister were
at any time in need and
Chapter 1 Page 6
and found themselves in a truly distressed situation,
they should go to their assistance as far as
possible, not only understanding that he will be grate-
ful from the the other life for what they are
doing but also that they are doing so for him.
Fourth. He begs the inheritors to reward,
as they so wish, the servants
who were at the service of the testator
at the time of his death, if
due to their good behaviour, they are worthy of this
renumeration ________________________
Fifth. He entrusts to his wife, Isidora
Franco, if she survives him, and if not,
to the other inheritors, that his
burial be very modest, without any pompo
or mundane ostentation._____________________
Sixth. He revokes and cancels whatever
testamentary dispositions
there might be in any form
prior to this one. ___________________
Such is the will and testament granted by
Excellency Mr. Gaspar Núñez
de Arce and after, reading it
aloud; he approves, confirms and
Chapter 1 Page 7
signs it with the witnesses at twelve
thirty in the afternoon. The testator
is aware of all the above. In my
opinion, he has the legal capacity
necessary to make a will; he is known
by the witnesses, which they
confirm. Having complied with all the
formalities stated in articles
six hundred and ninety four to
six hundred and ninety nine inclusive
of the Civil Code, I, the Notary hereby
certify and advise on the terms given
in Article Three of the Royal Decree
of the twenty third of August, 1893
concerning the payment of inheritance
and property transfer tax
in the case of hereditary
sucession.
Gaspar Núñez de Arce
Serafín Rodríguez Portillo
Isidro Urbano y Calvo
Cristóbal Hernández
Manuel de las Heras y Martínez
Translation by: Kay Leach