judge shall meddle with them to make them give account
of the said executorship, because of the confidence that I have in
the above-named persons. For this is my wish, and if such judge
should undertake to demand from them the said account, in that
said event I constitute them my heirs. And when this my will is
fulfilled and observed, and that herein contained, to that part of
my properties remaining and its rights and disposal, inasmuch as I
have no obligatory heir, either forbears or descendants, I establish
and appoint my soul as heir of the said remainder of my properties,
its rights and disposal, so that what pertains to that inheritance,
shall be given into the power of the said father commissary, who
shall distribute it in doing good for my soul in pious works, alms,
and other works of charity, as shall seem best to him.
"And after this my will and that herein contained is fulfilled
and observed, I assign as my only heir to all the remainder of my
properties, the said Ines de Sequera, my wife. However, she shall bind
herself, before all else, to the sum of two thousand pesos net, which
sum shall be employed after the fulfilment of the said my will. With
this condition, it is my will that she have all the remainder for
herself after the legacies are completed, and the other contents of
the said will, and after fulfilment, but in no other manner. This
she shall enjoy, and shall take also that portion that pertains to
her from all the said properties, as they were all acquired during
our marriage. And after having made the reckoning and division in
due form, should she refuse to accept the said inheritance with the
said condition, I leave my soul as my heir to the whole of the said
remainder. My executors shall do with it as they deem best for the
good of my soul, in accordance with what I have contracted and agreed
with the said father commissary. And if the said my wife shall accept
the said inheritance, and shall bind herself to the sum of the two
thousand pesos, they shall be employed as is stated, and they shall
be distributed; for this is my intention, and as such I remit it."
In accordance with the clause of the will of the said archbishop,
I, the said father commissary, Fray Bernardo de Santa Catalina,
inasmuch as the said father Fray Domingo de Nieva is dead, declare
that what his Lordship communicated to us (to myself and to him)
was, that the said remainder of his properties be spent in aiding the
fo
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