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Case file s773 · Latin America · 1560
1560
Map of Mexico, marked on the globe
Map of Mexico. Ssolbergj. CC BY 3.0, Wikimedia Commons.
Died
before 1560 (Juan Jaramillo)
Place
Xilotepec (Jilotepec), State of Mexico, Mexico
Field
encomendero; heir of the conquest interpreter
Legal tradition
Castilian law and the Laws of the Indies (succession to an encomienda by widow and children) · Civil law
Historical event
Spanish conquest of the Aztec empire

Malinche's daughter sued her father's widow for the encomienda of Xilotepec, citing her mother's service to the Crown in the conquest

Malinche, whom the Spaniards called Doña Marina, was an Indigenous woman given to Hernán Cortés in 1519 who became his interpreter through the conquest of Tenochtitlan. Bernal Díaz del Castillo placed her birth at Coatzacoalcos about 1503. She bore Cortés a son, Martín, in 1522. During the 1524 to 1526 expedition to Honduras she married the Spanish hidalgo Juan Jaramillo at Orizaba, and they had a daughter, María. Scholars estimate that Malinche died before February 1529. Jaramillo held the encomienda of Xilotepec, the right to the tribute of its towns. He married a Spanish woman, Beatriz de Andrada, who raised María. When Jaramillo died, his widow succeeded to half of the encomienda. María Jaramillo sued for Xilotepec. Historian Joanne Chaison, working from the published colonial documents, found that María based her claim on the "great service" her mother had given the Spanish Crown during the conquest. A 1560 letter in the Paso y Troncoso collection shows Beatriz de Andrada holding one half of the encomienda, and the encomienda lists record that she later married Francisco de Velasco. The court's decision does not survive. Chaison infers that the two women reached a settlement and divided the tribute between them. No record has been found of where Malinche is buried†.

What the law took from it

A child of the first marriage and a widow of the second will divide an estate between them unless the will says who takes what.

Cite as: celebrity.estate, “Malinche's daughter sued her father's widow for the encomienda of Xilotepec, citing her mother's service to the Crown in the conquest,” story s773, https://www.celebrity.estate/malinche-daughter-1560, updated 30 October 2026.

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