Reference: Spanish Archives of New Mexico, Series I,
Twitchell 1063, Reel 5, Frames 1343-1362.
©Patricia Sanchez Rau
ARCHIVE 1063
Public Survey Office
Date: October 2, 1814
Subject: Will of Pedro Vial, Resident of Santa Fe
In the name
of the Almighty God, and our Lady, the Blessed Virgin Mary, conceived without
the stain of original sin. Amen.
Know all who
may see this, my testament, that I, Pedro Vial, the Frenchman, resident of this
capital of Santa Fe, being sick but in my sound judgement, make and order this,
my full will in the following form:
First, I say
that I believe and acknowledge the mystery of the blessed Trinity, Father, Son
and Holy Ghost, three distinct persons and only one true God; I believe all
that which our Holy Mother Church believes and confesses as a tru Catholic
should, and in this faith and belief I want to live and die, when my God be
pleased to call me to himself, under which authority I order my testament in
the following manner.
First, I send
my sould to the Lord who created it and redeemed it with the price of His most
blessed blood, and my corpse to the earth from where it was formed, and it is
my will to be shrouded with what they
may be able to, and to be buried in the cemetery of the Military chapel and my
funeral to be a humble one.
Item: I order to be given to the forced legacies (mandas forzosas) two reales each.
Item: I also declare that I have never married, nor
have I any heir who may oppose or entrust me from leaving as my only and
legitimate heiress of all that I may proceed to declare, and her name is Maria
Manuela Martin; to her I give the power to enjoy it all with the blessings of
God and mine.
I also
declare as my property, the house of my resident containing seven rooms and a
portion of land opposite the house; one silversmith box and anvil, three large
files, four small ones, one hand saw, one pair of pincers, one pair of shears,
three hammers, one pair of small scales, one drill; one blox without lock, one
with lock, one old mattress, one old blanket; one old serapte, one hide, two
chairs without arms, three wood boxes, one bellows, one worthless iron kettle.
I also declare
that I owe to don Francisco Ortiz,
the tobaccoist, sixty pesos, to don
Diego Montoya, forty-five pesos, six reales, to don Antonio Ortiz, thirty-five pesos, to don Manuel Gallegos, twelve pesos, to doña Soledad Olguin, seven pesos and six reales; to the corporal
Ramon Sanchez, four pesos, to doña
Concepcion Garcia, twelve pesos. It is
my will what what I have mentioned here that I owe, be paid from the remainder
of my property, for which purpose they may convert it into money, adding it to
the payment of my salary which may result in my respective account; for which I
give my executors one year or more that may be needed for the fulfillment of
this, my testament.
declare
that Antonio Romero, resident of la Cienega, owes me a fat ox, as appears by
his note marked No. 1. Doña Micaela Baca owes me forty-five
pesos and 4 reales for medical services rendered to her husband.
I also
declare that I appoing don Francisco
Ortiz, the tobaccoist as my first executor and don Francisco Ortiz as the second, to whom I entreat, for the love
of God to fulfill and execute what has been ordered by me in this my last will
and testament; for its greater force and validity, I execute it in the presence
of the Sergeant Jose Antonio Alarid, whom I requested to interpose his judicial
authority and sanction; and I, the said
Sergeant, say that I would and did affirm it as much as I am allowed by law;
and I certify that I know the testator who signed it; and I signed it along
with two assisting witnesses, in the presence of whom the same was executed.
Done in this royal garrison of Santa Fe, on the 2nd day of the month
of October in the year 1814.
Pedro Vial (Rubric)
Jose Antonio
Alarid (Rubric)
Witnesses; Francisco Ortiz (Rubric)
Jose
Tapia (Rubric)
Page 3
Inventory of
the estate of Pedro Vial, deceased and the price for which the same was sold.
First: To don
Salvador Martin one anvil for six pesos and two reales; one bellows at seven
pesos and one real; one samm spoon and some pieces of copper for four reales.
ITEM
|
Pesos
|
Reales
|
Gramos
|
To don Rafael Sarracino, one hand saw and some filees for
|
13
|
7
|
0
|
One inkstand
|
1
|
|
0
|
Three small hammers
|
3
|
5
|
0
|
1 pair of pincers and springs
|
3
|
|
0
|
One chest with key
|
5
|
|
0
|
To don Francisco Ortiz, one
pair of spectacles
|
|
6
|
0
|
Two codales (?) and on cow bell
|
1
|
2
|
0
|
One small kettle
|
1
|
4
|
0
|
One wood box
|
3
|
|
0
|
To don Mariano Mestas, one
pair of tongs
|
|
6
|
0
|
To don Ysidro Rey, two old
books
|
|
6
|
0
|
One drill
|
1
|
|
0
|
To Manuel Sena, the mould boxes
|
1
|
6
|
0
|
One small table
|
1
|
4
|
0
|
One old box
|
|
4
|
0
|
To don Ysidro, one pair of old
scales
|
0
|
5
|
0
|
To Ramon Apodaca, the bones and molds
|
2
|
0
|
0
|
To don Francisco Montoya, one
box with key
|
5
|
0
|
0
|
The grinding stone at
|
6
|
0
|
0
|
Antonio Romero, one ox at
|
12
|
0
|
0
|
Collected from his salary which he had earned in seven days at 6 reales
|
5
|
0
|
0
|
His house of residence sold for
|
100
|
0
|
0
|
TOTAL
|
168
|
7
|
0
|
Deducted from this amount to pay the debts owed by don Pedro Vial as stated in the testament
|
|
|
|
To Don Francisco Ortiz were due 60 pesos and was paid
|
57
|
0
|
0
|
To Diego Montoya were due 45 pesos 6 reales and was paid
|
43
|
4
|
0
|
To don Antonio Ortiz were due
35 pesos and was paid
|
34
|
0
|
0
|
To don Manuel Gallegos were
due 12 pesos and was paid
|
11
|
2
|
0
|
To doña Soledad Olguin were
due 7 pesos and 6 reales and was paid
|
7
|
2
|
0
|
To don Ramon Sanchez were due
4 pesos and was paid
|
3
|
6
|
0
|
To doña Concepcion Garcia were
due 12 peso and was paid
|
11
|
1
|
0
|
To the forced legacies (mandas forzosas) paid
|
1
|
0
|
0
|
Total
|
168
|
7
|
0
|
Foregoing Total
|
168
|
7
|
0
|
Balance
|
0
|
0
|
0
|
Note:
The
forty-five pesos which this testament states were owed don Pedro Vial, by doña
Micaela Baca on the account of her husband, because there is no proof whatever
and it has been more than fifteen years
since the aforesaid husband of doña
Micaela died, they have not been collected; for that reason the aforesaid lady
answers that she does not owe anything, nor did her husband declare anything in
regard to this matter before he died, and it is strange that in such a long
time the aforesaid Vial has not treated of the matter,especially since the
latter lived in the same place as his heirs.
The aforesaid will having executed and concluded this estate with all its
proofs of payments made, it is delivered to his Excellency, the Governor,
Lieutenant Don Alberto Maynes, that same may be filed in the archives if he
should deem it proper.
Francisco Ortiz (Rubric)
Francisco
Ortiz (Rubric) (note: two different
persons)
Receipts:
There have been delivered to me by
the executors of don Pedro Rial,
deceased, the sum of fifty-seven pesos in payment which he owed me, not having
any more.
Santa Fe, August 5, 1815, Total 57
pesos Francisco Ortiz (Rubric)
Received from the executors of don Pedro Vial, deceased, forty three
pesos and four reales in payment of forty-five pesos and six reales which the
deceased owed me, his property not having been sufficient for any more.
Santa Fe, August 5, 1815, Total 43
pesos 4 reales – signed Diego Montoya (Rubric)
I have received from the executors of
don Pedro Vial, decased, thirty four
pesos, for thirty-five pesos which he owed me, his property not having been
sufficient for any more.
Santa Fe, August 5, 1815, Total 34
pesos, signed Antonio Ortiz (Rubric)
Received from the executors of don Pedro Vial, eleven pesos and two
reales for twelve pesos which he owed me, his property not having been
sufficient for any more.
Santa Fe, August 5, 1815, Total 11
pesos 2 reales, signed by request of don
Manuel Gallegos – Ygnacia Diaz (Rubric)
Received from the executors of don Pedro Vial, deceased, three pesos
and six reales for four pesos which the said deceased owed me, his property not
being sufficient for any more.
Santa Fe, August 5, 18185, Total 3
pesos 6 reales – signed Ramon Sanchez
Received from the executors of don Pedro Vial, deceased, seven pesos
and two reales for the seven pesos six reales said deceased owed me, his
property not being sufficient to pay any more.
Santa Fe, August 5, 1815, Total 7
pesos 2 reales signed Jose Maria de Arce
Received from the executors of don Pedro Vial, deceased, eleven pesos
and one real for twelve pesos which he owed me, his property not being
sufficient for any more.
Santa Fe, August 5, 1815, Total 11
pesos 1 real signed Francisco Garcia (Rubric)
Received from the executors of don Pedro Vial, deceased one peso for
the forced legacies (mandas forzosas)
bequeathed by said Vial. Santa Fe, August 5, 1815, Total 1
peso. Signed Pablo Sena, Syndic of the
Holy Place of Jerusalem.
Reference: Spanish Archives of New Mexico, Series I,
Twitchell 1063, Reel 5, Frames 1343-1362.
©Patricia Sanchez Rau
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