[28] Ibid., 7 and note; 8.
[29] Ibid., 43.
[30] Ibid., 42, note 4; 47, note 7. These cases may be noted in A. I., 68–4–12.
[31] Ibid., 44. The cédula of July 16, 1776, ordered the confiscation of property left by foreigners, forbidding that it should be sent outside of the realm either by the juez de difuntos or by the testamentary executor. In accordance with this regulation the superintendent, in 1800, seized the property of a Spaniard who had married a lady of Madras. The Spaniard had left a will providing for the transfer of his property to his wife, naming an executor to administer the will. This was opposed by the juez de difuntos, but when the case was appealed the action of the superintendent was approved (Aguilar to Soler, July 8, 1800, A. I., 107–5–24).
[32] See Recopilación, 2–32–42.
[33] A case appealed to the Council of the Indies on June 4, 1806, involved the property of Antonio Rodríguez de la Peña, deceased. Rodríguez had bequeathed 35,875 reales to his father; the Augustinians claimed 11,875 reales, or one-third of the entire estate, for prayers said in behalf of the soul of the departed one. The contaduría general in Madrid refused to allow payment (Aparici to the Council of the Indies, June 4, 1806, A. I., 107–3–8).
[34] Recopilación, 2–32, note 7.
[35] Ibid., 10.
[36] Ibid., 32–33, 40, 60.
[37] Ibid., 16, 32, 33.