Pedro Vial ~ Will 1814

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 2^nd 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