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Home / Latin America / Diego de Almagro willed his governorship of New Toledo to his mestizo son, Pizarro ignored…
Case file s770 · Latin America · 1538
1538
Diego Velázquez de Cuéllar: DiegoVelazquezCuellar
Diego Velázquez de Cuéllar. Unknown author. Public domain, Wikimedia Commons.
Died
8 July 1538
Place
Cuzco, Peru
Field
conquistador, governor of New Toledo · Military on the timeline
Legal tradition
Castilian royal grant (capitulación of 1534); testamentary succession to a governorship · Civil law · Royal and church law
Historical event
Civil wars between the conquerors of Peru

Diego de Almagro willed his governorship of New Toledo to his mestizo son, Pizarro ignored the will, and the son's followers killed Pizarro

Diego de Almagro was Francisco Pizarro's partner in the conquest of Peru. In May 1534 the Crown granted him the right to conquer and settle the lands 200 leagues south of Pizarro's territory, the governorship of New Toledo. He led the first Spanish expedition into Chile in 1536 and came back to fight Pizarro for Cuzco. Hernando Pizarro defeated him at Las Salinas on 26 April 1538 and had him executed on 8 July 1538. Almagro's will left the governorship to his son Diego, born in Panama in 1522 to an Indigenous woman named Ana Martínez. The Peruvian historian Horacio Urteaga, publishing the trial of Pizarro's killers, wrote that Pizarro ignored the will, cut the son's property, removed him from all office and confiscated the goods of Almagro's followers, the "men of Chile". Citing the chronicler Herrera, he wrote that they were so poor they took turns wearing one cloak, and that Pizarro's secretary wore a cap mocking them. On Sunday 26 June 1541 the conspirators, who met at the son's house under Juan de Herrada, stormed Pizarro's palace in Lima, killed him and proclaimed the son governor. The royal judge Cristóbal Vaca de Castro defeated him at Chupas on 16 September 1542. He was beheaded in Cuzco on 27 November 1542 at the place where his father died, and buried beside his father in the church of La Merced†. The killers' trial record, which ordered their goods confiscated, survives in Seville.

What the law took from it

A will that names a successor to an office is worth only what the rival in power allows.

Cite as: celebrity.estate, “Diego de Almagro willed his governorship of New Toledo to his mestizo son, Pizarro ignored the will, and the son's followers killed Pizarro,” story s770, https://www.celebrity.estate/almagro-new-toledo-1538, updated 30 October 2026.

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