# Primary Sources on Copyright - Record Viewer

PRIMARY SOURCES

ON COPYRIGHT

(1450-1900)

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

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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

    


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