Petition Book I, p. 100; died 29 May
1909
Probate 10 June 1909
Will in Book I2, p. 375
Letters 10 Jun 1909
Inventory Book D2, p. 156
Creditors Limit 10 Mar 1910; Book H p.
185
In the name of God, Amen, I Elizabeth Spear, wife of John B. Spear of the City of Paterson, in the County of Passaic and State of New Jersey, being of sound and disposing mind and memory do make and publish my last will and testament as follows:
First: I direct all my just debts and my funeral expenses to be paid as soon as may be reasonable after my decease.
Second: I give to my husband John B. Spear, any debt or debts which may be owing by him to me at the time of my decease.
Third: I give devise and bequeath all my remaining property, real, personal or mixed to my sister Daisey A. Fordyce, to have and to hold the same upon the following trusts, that is to say.
First: To pay from the same all expenses connected with the probate of this my last will and testament.
Second: To invest the remaining money, together with all moneys realized from the sale of any of my real estate which real estate will be subject to my husband's right of courtesy until his death and all moneys derived from said real estate after the death of my said husband either rents or otherwise, in some safe and responsive security or securities and the interest or income arising therefrom to be used by my said trustee for the maintenance and education of my children. It is my desire and wish that no expense be spared in order to give my children a good first class education and my said trustee is hereby empowered to use her own judgment in the expenditure of said income for said children, as far as the law will allow, until they arrive at the age of twenty one years, at which time I direct that all estate then remaining in my said trustee's hands shall be divided equally between my children share and share alike and to them, their heirs and assigns forever.
In case one of my children should die before she arrives at the age of twenty one years then I direct my trustee to apply all the income or any part thereof, as she thinks best to the support and education of the survivor until her arrival at the age of twenty one years, at which time I direct said trustee to convey and pay over to said survivor the whole estate then remaining which I give to her, her heirs and assigns forever, but in case both my children should die before they arrive at the age of twenty one years, then I give devise and bequeath my whole estate to the children of my sister Daisey A. Fordyce, share and share alike, and to them, their heirs and assigns forever.
It is my will and I do order that in case my trustee shall at any time think it advisable to dispose of any or all of my real estate for the benefit of my said children, she is at liberty to do so and for and towards the performance of said trust I do by these presents give my said trustee full power and authority to grant bargain, sell and convey, at public or private sale, all or any of my real estate, subject however to any right of courtesy which my husband might have therein in case he is living at that time, to any person or persons whosoever and to them their heirs and assigns forever in fee simple by all and every means in the law as to my said trustee or to her counsel learned in the law shall seem fit and necessary.
Third: I hereby appoint my sister Daisey A. Fordyce sole executrix of this my last will and testament and request that no bonds be required for the faithful performance of the trust heretofore set forth.
In testimony hereof I have hereunto set my hand and seal this Seventh Day of September in the year of our Lord one thousand eight hundred and ninety five.
Signature of Elizabeth H. Spear