Search for content in message boards

Jose Antonio Yorba I - Challenge to Will

Jose Antonio Yorba I - Challenge to Will

Posted: 29 Jun 2013 11:57PM GMT
Classification: Query
Surnames: Grijalva Yorba
I have been researching Maria Josefa Grijalva, wife of Jose Antonio Yorba. I am searching for any documents in the case in which Ma. Josefa challenged the will of Jose Antonio and succeeded in overturning it. He died in 1825 at Rancho Santiago de Santa Ana.
I have posted this question on another board. I'm trying to figure out where is the correct place to connect.
Gracias

Re: Jose Antonio Yorba I - Challenge to Will

Posted: 30 Jun 2013 6:49AM GMT
Classification: Query
First I've heard of any contention or even a will drawn by Jose Antonio Yorba. I know his wish was to be buried in a Franciscan robe which didn't happen apparently.

What is the basis of a likely illiterate Josefa Grijalva Yorba contesting a will? By 1825, the matter would have been taken up, if it was at all) by a Mexican governor and any documentation should have been copied to Mexico City for official rendering. Considering J. A. Yorba had several adult sons by that time, I don't see how his widow could have been determined to have any legal rights of contesting.

I am a direct descendent of J. A. Yorba (the first) and his eldest son (also J. A. Yorba) from Josefa Grijalva. I'm also a family historian and genealogist. What is your documented source for such a will and contesting it? Or is it just another family folklore tale?

Re: Jose Antonio Yorba I - Challenge to Will

Posted: 30 Jun 2013 9:07PM GMT
Classification: Query
Surnames: yorba grijalva
Good morning wsdean,
My name is Anna. I'm a grand-daughter of JAY and MJG through Bernardo, Prudencio I, Prudencio II, etc.

I grew up around the Yorba ranch in the 50's. I had always known of the position of Jose Antonio in Calif. history but recently became interested in the life of Maria Josefa. I have been doing basic casual research for a couple of years and recently digging deeper. This is my first experiment with message boards so I appreciate any advice on protocol or leads to follow.

I would like to write an account of the life of this remarkable woman, especially as I am the last generation to have experienced that rancho life. I am looking for everything I can from the circumstances of her life in Sonora before the Anza expedition, through helping to build the original SF presidio to the end of her life at Santiago de Santa Ana.

One of the fascinating stories I found was printed in "Saddleback Ancestors" Orange County California Genealogical Society, 1969 (p. 66 unreferenced)about MJ's challenge to the will to include daughters as well as sons. I have seen this story referred to also by documents in the Janet Gould collection at Corona Public Library.

I have found a great deal of background information on her life and times. This story is one that eludes me. I have done research at Huntington Library, the Braun southwest museum, corresponded with the archivist of the Center for Oral History at CSU Fullerton and librarians at the Bancroft Library.

I have a copy of JAY's will from the Janet Gould Collection. I am also looking for the will of MJ's father, Juan Pablo Grijalva, who also was questioned about the exclusion of daughters in his will. (Bancroft's History of California v. 2 p 104).

My next step is to negotiate the collection of State, Provincial, and Legislative records compiled by Thomas Savage:

http://archive.org/search.php?query=creator%3A%22Savage%2C+T...

If you have any clues to translated transcripts or indices, please let me know. I read spanish but handwritten 18th cent. language is difficult.

Thanks so much for your help. Anna

Re: Jose Antonio Yorba I - Challenge to Will

Posted: 1 Jul 2013 2:27AM GMT
Classification: Query
Hello, cousin Anna

One of the problems I have encountered, as you may have as well, is the dubious "accounts" of matters included in such materials as The Saddleback Ancestors and much latter diaries, autobiographies, and written stories. Most of them are fabrications, misinterpretations, and outright fictions included to provide "drama" or a more picturesque tale.

The facts of the times and matter are that factually there would have been no process for a widow to contest a will of her husband. She was accorded no legal rights until after California statehood in 1850, some twenty years after MJG's death in 1830 and twenty five years after JAY's death.

Next we have the relative fact that in the 1820s, there were still VERY few women who were literate and at most half a dozen lawyers in the region. Thirdly, the rancheros themselves acted as justices of the peace but were appointed in the 1840s-1850s. Again, far too late for MJG to have contacted them for contesting a legal will.

JAY's daughters were all married by the time of his death to propertied men. Again, there would have been no precedent for them as women to contest their father's will in any way.

To my knowledge JAY had no will and his property naturally was simply taken over for management by his two eldest sons, JAY II and Tomaso who essentially split the property which if I am not mistaken had not yet been legally settled upon JAY. It's a very very gray legal area and the Mexican government at the time (mostly under a governor's order) was more than lackadaisical about properties.

Another matter to consider is that as a born-Spaniard (actually Catalonina) under Mexican government decree JAY's status would have been very iffy. The Mexican govt. actually legally wanted all Spanish-born to leave California.

At one time, according to a muster roster for a presidio station, JAY was listed as illiterate. The rancho was far removed from any government outpost, so who exactly would there have been to write him up a will? The priest at San Juan Capistrano? I don't believe they were allowed to do such a thing and have never seen any verified case where they did so.

For any legal judgement, documents would have to have been sent to the Governor's office up north at Monterey. Much of those records were archived and collected by Bancroft for his histories, yet I find no reference at all in them to such a precedent setting case as a widow contesting the will of her husband from that period of history.

All in all, I have to consider the whole matter dubious at least.

As for MJG's participation in helping to build the original SF Presidio, I again find that an odd formulation. Although she married JAY at Mission Dolores there in November 1782 at age 16, JAY was actually stationed at the Monterey Presidio for seven years following the marriage and I fail to see how a woman still under 24 years of age would have "helped" build a presidio? Her duties as a wife would have been cooking, laundry, possibly tending a garden, etc. at Monterey presidio as an army wife did.

JAY was re-stationed at the San Diego Presidio from 1789 to 1797 when he retired. They remained at San Diego until 1812, their last child dying there that year.

Juan Pablo Grijalva died at San Diego in 1806. Again, who would have written up a will for him? Everything would still have been under Spanish law at that time and again, women essentially had no legal rights whatsoever in that culture. Bancroft's footnote about this matter, while cited to be drawn from state records in Sacramento are long after the events themselves. I would have to see and read and interpret the original documents to ascertain their validity as I am well aware of the dubious character of records regarding property once the U.S. Federal govt. took over in California.

If I am not mistaken the collection of documents cited by Thomas Savage who worked for Bancroft are somewhat dodgy, particularly considering the status of Mexican governors at the time and that many documents form the Spanish govt. period were sent to Mexico City, taken back to Spain, or destroyed.

best wishes
cousin William

Re: Jose Antonio Yorba I - Challenge to Will

Posted: 1 Jul 2013 3:16AM GMT
Classification: Query
Gracias a ti, primo.
I very much appreciate your response. It's valuable to see that I may be barking up an empty tree. You're insight into life at that time is very helpful.

What is your main area of study?

Aloha, Anna

Re: Jose Antonio Yorba I - Challenge to Will

Posted: 1 Jul 2013 8:09AM GMT
Classification: Query
I mostly research the families connected with the Yorbas and the history of California and Mexico, in particular. Do you know about MJG's grandfather Andres Grijalva? He was killed by Apache arrows in 1770 at San Ignacio de Cabórica, Sonora, when MJG was about four years old. Andres was made major domo for three missions in that area. He was marrried to Luisa Maria de Leiva. There were a LOT of Grijalvas in Sonora, some involved in mining.

Of course most of JAY's children married the sons and daughters of other soldados since no one else was in California at the time.

I think Bernardo left the most descendents. Prudencio's children I think mostly wound up in Riverside county. He also had property out near Palm Springs, I believe.

Sorry to possibly curtail your research into MJG. There were women who fought legal battles in the family, of course, but mostly much later in time after US Federal law (and more Yankee lawyers) were present.

Re: Jose Antonio Yorba I - Challenge to Will

Posted: 1 Jul 2013 5:29PM GMT
Classification: Query
Do you have a connection between Andres Grijalva and Juan de Grijalva or Fernando (Hernando)who arrived in Mexico in the 16th Century?

My interest in MJG is undiminished. She had a fascinating life regardless of the will story.

thanks for your help.
per page

Find a board about a specific topic