Will of Don Pedro De Alba
Book1, Page 169, 1835 will of Probate Court of Escambia County, Florida
Submitted by; Deborah Baldock
In the name of the almighty God and in the Virgin Mary, her blessed mother conceived in grace Amen.
I Pedro de Alba of the city of Pensacola and vice consul of his catholic majesty in the city aforesaid. Law full son of Pedro de Alba, and of Monica Lopez now Decd inhabitants of the city of Volez Matu in the Kingdom of Granada in Spain, being by the divine mercy in perfect health of body and of I am of mind which god our Lord has granted me believing and confessing as I do firmly believe and confirm in the high mystery of the most holy trinity the father son & holy Ghost three distinct persons and one true and only god in the incarnation of the divine word which for our protection was made a man. In the pure on traits of our virgin Mary and in all other mysteries and sacraments, which our Saint Holy Catholic apostolic Roman Church believes & confesses unto which true faith and belief I desire and protest to live and die as a faithful Catholic Christian. I nominate as my mediator and protectress the ever virgin Mary Mother of our God calling specially in my prayers upon the Virgin of Carmca, the Saint of my name of Peter, St. Angel my Guardian and the rest of Saints of my devotion in order that they may entreat for me to Jesus Christ our Lord and redeemer who in virtue of the immense verity of its precious Life passion and death he may forgive all my sins and carry my soul to enjoy his presence. Fearing death which is natural & requisite to every creature, and of the uncertainty of it, I wish therefore to dispose with reflection of every thing relative to the discharge of my conscience. I earnestly pray to God for the forgiveness of my sins, and I now by these present do make execute & form following:
First, I give and recommend my soul to the same God who created and redeemed us with his precious blood and I entreat its divine majesty with the submission of a heart worn with sorrow, and humble for the forgiveness of my great many offenses that he may forgive them through his grand mercy and to take my soul into the eternal rest with his selected ones My body I recommend to the Earth of which it was formed and it is my wish to be buried along side of my dec'd wife, mother of my son and in the manner and form as my executor may dispose bury without any pomp the rest of my funeral will be as they may see proper that being my last wish. On the day of my Buryal if it should be the hour of performing divine Service (and if for my soul a mass of Body present with responsary) I ordain that the three masses of the soul be said in rest of mine and fifty more for the discharge of my conscience. I declare to have been married with Isabella Adelaide Rastel De Rocheblave, lawful daughter of Pablo Rastel de Rocheblave and of Isabella Godeau since the year one thousand seven hundred and eighty-four (1784), until one thousand eight hundred and ten (1810), of which marriage we had three children, named Peter De Alba De Rocheblave, John and Charles, now deceased.
I declare that I was married a second time with Victoria Lessasier widow of the Lt. Col. Joseph Noriega, since the month of September of the year thirteen last (1813) & who died on the seventeenth day of June of the year thirty three (1833), of which marriage we had no issue and when we contracted the aforesaid marriage, the said Victoria Lessasier brought with her property in the amount of Eighteen thousand one hundred and four dollars. As it is demonstrated in the inventory copy of which remains amongst my papers, I declare that in the month of May of the year fifteen (1815) the same amount of property was delivered by my wife and myself to her son Joseph for his administration as it will more fully appear by reference to the aforesaid inventory signed by myself my wife & her son.
I declare that my said wife had not any piece of a??? of silver or gold nor any jewel that are generally used by ladies on their necks chains y ear rings finger rings and which are considered Ladies ornaments she having given them to her son Joseph, previous to her marriage she brought with her only the evening apparel and a gold thimble. I declare that when I married the said Victoria Lessasier I, possessed some articles of jewelry of gold and silver of great value all of which I delivered to the said Victoria Lessasier for her use and to dispose of them as she thought proper.
I declare that after the death of my first wife though she died intestate, I made an inventory, and appraised the estate then existing of which Estate as acquired during the marriage. I gave up to my son his half as lawfull heir of Isabella Adelaide Rastel De Rocheblave. I declare as my property one half of the house, besides the med??at??.., which my mother Monica Lopez now dec'd bequeathed unto me by her last will executed at her death in the city of Veles Malaga, before John Pascaual Molina on the 8th day of August in the year 1805. I declare that the other half of the house above mentioned belongs to my Brother Joseph De Alba having acquired the same by inheritance from the estate of our Dec'd father.
I do hereby declare also that in conjunction with my aforesaid brother during my residence at the Havana we gave up the same house to one of our first cousins for him to occupy it and at his death his children as it will appear by a written document signed by both of us on condition whoever that at our death the said house shall be & will remain at the disposal of our children and heirs as absolute owners thereof.
I declare as my property the house wherein I now reside and the other dwelling situated on Lot no. 4 also another brick house not yet finished situated on Lot no. 52, various arpens of land on the other side of Spring Road as appears by two plots existing in my Cloath Press, three lots adjoining the Bayou called Bayou Cadets the number of which I do not recollect at present. also the following slaves, Isadore, Emil, Maria Rosa, Margarita, Pauline, Florentine one negro boy Felix and Lauriana.
I declare to have sold in this year thirty three last passed (1833) a mulatto woman named Felicite with her two daughters Felica and Mary and her son, Antonio was free the proceeding year with my appreciation which freedom is signed by my son & his wife Constance Tala.
I do hereby declare as my property, a number of arpens of land lying on the other side of the navy cove. The Titles though are not yet confirmed by the Government of the United States. Also a claim of some money against the said government deriving form the damage and injuries occassioned in this Port by the Troops of this country when it belonged to the Spanish Government in the year 1814, for all of which I have established my claim in due form.
I declare that Felix Lopez Aillon late administrator of the rents of the vault of the Post Office at the City of Havanna is justly indebted to me in the sum of four thousand & odd dollars. I have established the claim threat through my attorney in fact - Matias, I declare to have made and executed a s???? gift of a part of land several lots and slaves value as per estimations at two thousand dollars unto Constance Tala, lawful wife of my son Don Pedro De Alba by a public instrument being dated the sixteenth of June one thousand and eight hundred and nineteen (1819) executed before Jose Maria Callava, Political & Military Gov'r of the City of Pensacola, stipulating therein under express conditions that in case she should not have any issue and she should die, then said property shall be vested to me and in case of my death to my dependents and heirs. I declare, that I have annulled & made void the deed of Gifts above mentioned by another instrument of writing dated first of June in the year thirty three last past (1833) and the lands, lots and slaves above mentioned have been returned to me by the said Constance Tala and further the issue and increase of the said female slaves since that period, who are from Rosa, Felix, and Lauriana; from Felicite, Pauline Feliciano & Mary her mulatto child Antonio was free from his birth. I give and bequeath unto Constance widow of my Dec'd son the house commenced of bricks together with the lots of ground containing fifty feet part by one hundred and seventy feet known in the plan of this town by number fifty two and as her own property she may dispose of the said house and lots as she may see proper being my last wish.
I give and bequeath unto my godchild Angelica daughter of my grandson John a female mulatto child named Florentina aged about four years and daughter of the negro woman my slave Margaretta, as also the lands of the avancade situated from the Road to the stream which runs to the Aramada as also there lying on this other side of the said stream and under no condition or pretext said mulatto child & Lands shall not be disposed of in any manner whatsoever for it is my wish that said child (Angelica) be the sole heir. I do hereby constitute and nominate to be my sole and universal heir of all property, whatsoever (after complying with my proceeding dispositions as with these I, may add by codicil to my last will and testament) my Grand son John De Alba his wife & children, it being thus my last will in order that they may enjoy the profits and benefits arising therefrom of all my estate both real and personal or any other property of mine not comprehended in this my last will and testament on condition that they shall not sale or dispose of any part of the property, either real or personal, for it is my will that the estate shall ascende after his death to his children my descendants, so that they might have a complete and certain subsistence.
I do declare now and forever void my deed of conveyance freedom exchange or pri???ties which my said son Pedro De Alba and his wife may have executed without my approbation and in order to carry the foregoing into effect and my testamentary dispositions complied with I, do hereby appoint for my executors in the first place my grandson John De Alba, and secondly Elgena Latady to whom I grant all the power required for the discharge of this wish, requesting that to execute it extra juducially in order to obviate the expenses which may accrue therein.
The present is done and signed with my own hand in the city of Pensacola on the first day of April, 1835, with the subscribed witnesses,
(signed) Pedro De Alba
signed published and declared by Pedro de Alba to be his last will and testament in presence of us
I certify the above to be a correct verbatim to the best of my knowledge,
Pensacola Oct 28th 1835