Thursday, December 4, 2014

Tomas Viveros ~ Will 1843

Seal Third.  One Dollar
Years 1842-1843

Know all those who may see this, my last will and testament, that I, Captain of the army, Lt of the 2nd Company of the 3rd Regiment, don Tomas Viveros, fearing death, make my last will and testament.

I declare that I have been married to doña Micaela Serna, for the period of 13-14 years and during which marriage we had four children, two who died and the two living are Maria Antonia Crecencia and Maria del Carmen, whom I recognize as my legitimate daughters, heirs and successors.

I declare as my chattels, one quarter-gallon cap; a red mattock; one new brown cloth cloak; one green one of the same, used; one pair of blue cloth pants with red braid; another pair of blue cloth with brown trimming, another used blue pair, trimmed; a first class worn military cloak with silver brooches and black cloth buttons; one vest of blue cloth, red collar with ten silver buttons; another red one with double lace breast with ten yellow buttons somewhat used; another one with one dozen buttons; a brown one with three yellow buttons; three old shirts; three pair of old drawers; one new red sash of canton crepe; four silk handkerchiefs, one white, one red, one black – all new and one used one from India; one case provided with scissors; silk, one pewter comb; one thread pocket; one small valise with medicines; two razors with their cases; one oil stone; one toothbrush; one clothes brush; one compass; a cigar case of find bands; a used penknife with twelve blades; two small pewter spoons; ne wick; a whisk broom; a white camping tent of coarse cloth with red pennant; two carpets; one new bed cover; one mattress; three sheets – two new and one used; one pillow; two blankets – one white and one brown; one green rubber hat with four medium silver disks; ten American dollars; three receipts for 51 pesos and 4 reales, each, against don Felix Blanco for the months of April, May and June; three other receipts for 31 pesos and 4 reales, each for the months of April, May and June; three other receipts for the months of April, May and June, from the first Sergeant Jose Maria Rivera, six receipts of nineteen dollars and one real, each, for the months of April, May and June from the 2nd Sergeant Feliciano Vega and Felipe Vasques.  These receipts are in a red portfolio with 53 leaves.  A red book that contains the amounts from the treasury since October 1842 to December of the same year.  The treasurer did not have time to fix it, and the said book with five leaves and 15 rubricated and enumerated leaves lost, the treasurer having given loose leaves.  Two cases prosecuted, one against Sgt. Vasques and the other against the soldier Claudio Santos, two letters with the accounts from October to February of the same year.  One memorandum book with the lists of reviews and general calculations; another one of news; four bundles of useful account papers of the company; another one with two tablets containing distribution blanks of the same item for the months of October ’42 to march of the same year; one book of penal laws; one saddle with its bear duck appendage; a pair of pistol covers with silver tips; one pair of bear hide covers; one bundle embellished with tin; one pair of useful spurs; two ropes - a new and a second hand one; one pair of cap pistols, one with a spring and the other with gunstock; one leather band; one common cap pocket pistol with one screw missing; one lance with its streamers; one black belt with its buckle; one sword cover; two large white buckskins; one bay horse and a shining black one in El Paso at the house of don Sebastian Bermudez; one pair of calf leather boots; one pair of leather high shoes; one pair of moccasins with blue and white beads; one small tin kettle; one blue plate; one chocolate cup; one small iron spoon; one trunk; two buffalo robes, a large and a small one.

I declare that the army owes me the amount contained the books of the said army.

I declare that I owe don Antonio Sandoval thirty pesos and I order they be paid; three or four pesos to don Francisco Ortiz y Delgado; one peso and a half to don Mateo Sandoval – I order them paid.

I declare that I do not owe anything to any other person but those above mentioned and if any should appear, when proven, I order them to be paid.

I declare that Francisco Herrera, the 1st Sergeant of the 2nd Regiment owes me two pesos and four reales.

I declare that it is my will that when my funeral and debts are paid, what may remain shall be transmitted to my wife wherever my regiment may reside, in order that, added to the other property, it may be divided among my wife and children, that they may enjoy it with God’s blessing and sins.

I declare as my executors Lt don Felix Blanco and 1st Sergeant don Jose Maria Rivera, both of them of my company as administrators of this my last will.

Executed at the house of the testator, which he signed with me and those who assist.  Santa Fe, August 2nd 1843.

Tomas Viveros, rubric; Santiago Armijo, rubric; Domingo Fernandez, rubric; Jose Francisco Sena, rubric; Felipe Vasquez, rubric; Angelo Cubillo, rubric.

Reference:  Spanish Archives of New Mexico, Series I, Twitchell 1233, Reel 6, Frames 801-805
©Henrietta M. Christmas

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