USA > North Carolina > North Carolina wills and inventories copied from original and recorded wills and inventories in the office of the secretary of state, wills before 1752 > Part 16
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Given at the time and Place aforesaid and in the third year of our Trans- lation.
(The Seal of London)
WM. LEGARD PET: J. ELOY HEN: STEPHENS Deputy Register.
TO ALL TO WHOM THESE PRESENTS SHALL COME: I, Joseph Collett, of London, Merchant, send Greeting:
Whereas, Nathaniel Duckinfield, late of Utkinton, in the County of Chester, Esqr., decd., did in his Life time, Duly make and Publish his last Will and Testament in Writing, bearing Date, the fourth day of July, One Thousand, Seven Hundred and forty Six, and thereof Constituted and appointed his Wife, Margaret Dukinfield, as long as she continues his Widow Unmarried, His Executrix. But in Case of Marriage, the said Testator Constituted and Appointed his Brother, John Chorley, and his Nephew, Samuel Duckinfield, Executors of his said Will; and the said Testator did also by his said Will Constitute and Appoint me, the said Joseph Collett, To be his Particular Executor of all his Affairs in North Carolina, To Act and to do, Dispose and Sell every Part & Parcell thereof,
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Which said Will has been Duly proved by the said Margaret, the sole General Executrix thereof in the Prerogative Court of the ArchBishop of Canterbury as by the said Will and the Probate thereof, Relation being thereunto Had, may more fully and at large appear.
Now, Know ye, that I, the said Joseph Collett for Divers Good Causes and Considerations me hereunto especially moving, do hereby Refuse to take upon me the Executorship for the Affairs of Nathaniel Duckinfield, the Testator, in North Carolina, or Elsewhere, or to intermedle in Any Manner therewith; And do Absolutely Renounce the Probate of the said Will and that this my Refusal and Renunciation may have its due Effect, I do hereby Name, Constitute and Appoint the said Margaret Dukinfield, the Widow and Relict of the said Nathaniel Dukinfield, to be my Pro- curator and Attorney for me and in my Name to Appear before the Governor of North Carolina aforesaid, or any other Competent Judge in that behalf, to Exhibit this my renunciation and to do whatever Elce shall be requisite or Necessary to be done in and About the Premises for the Purposes Aforesaid; and I do hereby Promise and agree to ratify and hold for firm and irevocable, all and Whatsoever my said Procuratrix or Attorney shall Lawfully do, or cause to be Done, in and about the Premises, by Virtue of these Presents.
In Witness whereof, I, the said Joseph Collett, have hereunto set my hand and Seal, this 29th. day of July, 1755, and in the 29th. Year of the Reign of George the Second, King of Great Britain and soforth.
JOSEPH COLLETT (Seal)
Sealed and Deliverd, being first Duely stamped, in the Presence of us: SAMUEL DUKINFIELD. BENJAMIN ROSEWILL.
NORTH CAROLINA, BERTIE COUNTY, SS. January Court, 1756. Present His Majestys Justices:
Mrs. Margaret Dukinfield, Widow of Nathaniel Duckinfield, Esqr., Late of the Kingdom of Great Britain, Deceased, appeared in Court and Produced duly proved and Certified under the corporation Seal of the City of London, A renunciation and Refusal of Joseph Collett, of London, Merchant, to Act as Executor of the Last Will and Testament of the said Nathaniel Duckinfield, in which Office by the said Testator as to that Part of his Estate which is in this Province, and also Produced a Copy of the Will of the said Testator duly proved and Certified in the Prerogative court of the Arch bishop of Canterbury, which Renunciation and Will are Ordered to be Recorded.
The said Margaret Dukinfield then Moved the Court to Letters of Administration on the Estate of the said Nathaniel Dukinfield, with the Copy of his Will Annexed, which is Granted on her Giving Security in the Sum of One Thousand Pounds, Proclamation Money, and Ordered that Letters Accordingly Issue.
Whereupon, Samuel Ormes, Esqr., and David Ryan, Gent., offered themselves as Security for the said Administration and Were Approved of by the Court, Which was Ordered to be Certifyed.
Test. BENJN. WYNNS. Cler. Cur.
Recorded in Will Book 7, page 144, Office of Secretary of State.
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WILLIAM DUCKENFIELD'S WILL.
No. CAROLINA. Sc.
IN THE NAME OF GOD AMEN. I, William Duckenfield, formerly of Cheshire, in Great Britain, but now of Chowan Precinct, in North Carolina, Esq., being of sound & perfect mind & memory, Do make & declare these presents to be & containe my last Will and testamt: hereby revoking all former & other Wills & Testaments by me heretofore made or declar'd.
First, I will that all my Lawfull Debts be well & truly paid & satisfied by my Executor or Executors hereafter named, within convenient time after my Decease.
Item. I give & bequeath unto my Loving Brother, John Duckinfield, the Sum of fourty pounds P. Annum, during the Term of his naturale Life, to be paid unto him Yearly by me Executor or Executors hereafter named, out of my Estate which I shall leave at my decease, the first payment to become due & payable at the Expiration of one Year after my Decease & to be paid in Pork, Indian Corn, Pitch or Tarr, at the prices now Currant. I also Give & bequeath unto my sd. Brother, John Duckenfield, the the Bed he now lies on, together with the Furniture to the same belonging.
Item. I give & bequeath unto my Loving Cousin, Charles Barber, of North Carolina, one Young Horse & one Mare & twenty pounds.
Item. I give & bequeath unto my Loving Friend, Edward Mosely, of Chowan Precinct, Gent., the Sum of Twenty pounds to buy him & his wife each, a Suite of Mourning.
Item. All the rest & residue of my Estate whether Reale or personale, Of what Nature, Kind or Quality Soever or where- soever, that is now due & belonging to me, Or which hereafter shall become due unto me by any manner of waise or means whatsoever, I give, devise & bequeath ye Same unto my Loving Cousin, Nathaniel Duckinfield, Son of my Brother, Sr. Robert Duckenfeild, Baronet, and to his Heirs & Assignes for ever. And in case my sd. Kinsman, Nathaniele Duckinfeild shall depart this Life before me having no Lawfull Issue, then & in such Case I give, devise & bequeath the Estate which I have intended for my sd. Kinsman & his Heirs, unto Mary, Anne, Susanna, Jane, Sarah, Katherine & Judith Duckinfeild, the Sisters of the Sd. Nathaniel of ye whole Blood & to their Heirs & Assigns for ever. But if my sd. Kinsman, Nathaniele Duckinfeilfd, shall depart this life before me & Leaving Lawful Issue, then my Will, true Intent & meaning is, that ye Estate before mentioned & every part & parcele thereof shall come,
11
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remaine & be unto ye Lawfull Issue of my sd. Kinsman, Nathaniele, & their Heirs forever.
Lastly, I do hereby Nominate & appoint my sd. Kinsman, Nathaniele Duckenfeild to be Executor of this my Will & of all other Wills & Testaments whereof I am Executor, particularly the Will of John Arderne, late of North Carolina, bearing date ye twenty second day of October, Anno Dmi. one thousand seven hundred & seven, & to have, take & receive all which shall of right appertain unto me by force of such Wills, to him ye sd. Nathaniele Duckinfeild & his Heirs for ever. But if the sd. Nathaniele, shall depart this Life before me without having Lawful Issue then I will that my nieces aforsd, Mary, Anne, Susanna, Jane, Sarah, Katherine & Judith Duckinfield, shall be Exors., of this my Will & of all other Wills & Testam'ts whereof I am Executor, particularly the Will of John Arderne aforsd. And then the sd. Mary, Anne, Susanna, Jane, Sarah Katherine & Judith Duckinfeild to have, take & receive all wch shall of right appertain unto me by force of such Wills, to them, my said Neices & their Heirs for ever.
In Testimony whereof, I the sd. William Duckenfeild, have hereunto sett my hand & Seale, this Seventeenth day of May, Anno Dmi., 1720.
WILLIAM DUCKENFEILD (Seal)
Sealed, Published & declared In the Presence of us:
THOMAS ASHLEY. JNO. POWELL.
BENJ'N SOAMES.
his
JOHN I C CHERRYHOLME. mark. JOHN DUCKENFEILD. ED. MOSELEY.
NORTH CAROLINA. Ss. Charles Eden, Esqr., Governor.
The within Will of William Duckenfeild, Esqr., was prov'd before me by the Oaths of Thomas Ashley & John Cherryholme, two of the Evidences thereto.
In testimony whereof, I have hereunto set my hand this 27th day of Feb'ry, 1721.
C. EDEN. Letters Granted the 1st of March, 1721.
Recorded in Will Book 2, page 311, Office of the Secretary of State.
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ALEXANDER DUNCAN'S WILL.
No. CAROLINA SS.
IN THE NAME OF GOD AMEN. I, Alexander Duncan, of Wilmington, Merchant, Intending, please God, going Soon for Great Britain & knowing the uncertainty of Human Life, in Case of my death do make this my Last Will and Testament for the ordering & Disposing of what Worldly Estate or Personal Interest which it has pleased God to Bestow upon me.
In the First place, I give and bequeath unto my Brother, Robert Duncan, if allive, the Sum of three hundred Pounds Sterling money, to him or his heirs; In case of his death or having no heirs, this Legacy to be divided equally between the Surviving Children of my Sisters, Elizabeth Ronaldson, De- ceased, & Margaret Henery, now Supposed to be in Edinburgh, if not there, Let enquiry be made where my said Nieces & Nephews do Live; I Also Will & bequeath to Said Children of my said Sisters, as many as there may be of them, the sum of Seven hundred pounds Sterling, to be equally divided among them, Share & Share alike, to them & their heirs. These Legacys I desire to be made to Alexander Purves, Esqr., in Edinburgh; or to John Clark, Goldsmith there; in Case of their death, to MI. Thomas Smith, Merchant there, as soon as my Executors Can, not Exceeding two years at Farthest.
I Give & Bequeath to John Rutherfurd, Esqr., of this Prov- ince, the Sum of One thousand pounds Sterling money, by him to be disposed of as he pleases, the same to be Remitted to his order in London, as soon as the Circumstances of my affairs will permitt, not exceeding three years, to him & his heirs.
My Will & Desire is also, that my Executors may within two years after my decease, if Circumstances will permitt, purchase four young Negro Men & as many young Negro women that are likely, which I desire them, my Executors, to make a present of to James Moore, Esqr., for his use during his own life; in case of his death before his wife the said Negroes are to decend to her, and their Increase to be willed & Disposed of as she pleases.
I Also give & bequeath to Thomas Cunningham, Junior, who has Lived with me with great fidelity, the sum of four hundred Pounds, Proclamation money, to assist him to follow Trade, if he pleases, which if he does, I desire That my Executors may procure for him in England, Credit to ammount of five hundred pounds, Sterling, for the payment of which they are to be his Security. To Ammount of the Four hundred pounds, Proclam- ation money, my Executors are to Remitt for him, it being the sum I give him & his heirs, the rest he to make payment of himself.
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I Give & Bequeath towards the finishing, if finished, towards Adorning Wilmington Church, the sum of four hundred pounds, Proclamation money, to pay which the Executors of my Will are desired to make over to the Judge of the Superior court for the time Being, the ammount of that sum in some Sufficient Bond or note due to me at the time of my death, to be Recovered for this purpose.
I Give & Bequeath, Frances Rutherfurd, daughter of John Rutherfurd, Esquire, the Same Legacy as I have given to Colo- nell James Moore, above mentioned, in Case she returns to this Province & Marys here; But in Case of her Living in Europe & Marying there then I Leave to her four hundred Pounds, Sterling, to be paid to her when she Marys or is of Age, to her & her heirs forever.
I Give & begneath to the Daughter of John Walker, a Car- penter in Wilmington, by his wife, Isobell Walker, being his Last Marriage, (this girl Lives or did Live at Richard Lyons at Cross Creek) if allive at my death, three Negro Girls to be purchased in Like manner as the Others I Leave above mention- ed, which Legacy is to be in Trust for this Girl till she Comes of Age or is marryed, with the Wife of Thos. Cunningham, in Wilmington, if dead, young Thomas Cunningham to take care of them for her use forever.
My desire also is, that the following Sums may be paid Soon after my Decease as a token of my friendship & Esteem for the following persons, either to purchase mourning Rings &c in Remembrance of me, at their option, or disposed of as they think proper, Cornelius Harnett, Twenty Pounds, Ster- ling, His wife the same Sum; Mary Grainger, widor of Caleb Grannger the same sum; Mr. Maurice Moore the same sum, His wife the same sum; Captain John Forster the same Sum, His wife the same sum; & to Alexander Chapman the same sum; All which is to be understood if these persons are allive at the time of my death and are in North Carolina.
Having an opinion of the good qualitys of Arthur Benning, of Wilmington, and Considering him as unfortunate in this part, I will & Bequeath that my Executors make over to him for his Sole use if allive, the Sum of Five hundred Pounds, Procla- mation Money, out of such debts in this Province as may be due to me at the time of my death, to him & his heirs or As- signs.
I Will and bequeath to Robert Schaw, my now Partner, after my debts and the afforesaid Legacies are paid, one half of all the Outstanding Debts that may be my part in this Prov- ince or in America at the time of my Death, as also one quarter part of all the Ready Effects, or Negroes that are now my part in Company with him & Mr Ancrum to him and his heirs forever.
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And Lastly, I give & Bequeath to John Ancrum, my now Partner, all the rest of my Real or Personal Estate not before given, to him & his heirs forever, Who with Robert Schaw, I Constitute & Appoint my Executors of this my will, to see it Executed as it means without any form of law, which they know I never Choose to have any thing to say to, on which Account I make this will more for their Government in the distribution of my Effects, than to have it conformable to law, & I desire that they may Construct it as such knowing this to be my hand writing without even a Witness as the Law in all Wills directs, therefore desire that they may agree in all things Like Brothers, Live together in Harmony to perform their friend's Will & Remember him only as he has deserved.
Given under my hand as my Last Will and Testament at Wilmington, the 11th. May, 1767.
ALEXR DUNCAN.
P: S: Mrs. Elizabeth Hall may be in Ordinary Circum- stances, in Case of her being so, my Will is that during her Continuance as such, that my Executors pay her yearly the sum of Thirty Pounds, Proclamation money, for her assistance.
NORTH CAROLINA.
The Within last Will and Testament of Alexander Duncan, deceased, was proved before me this 18 Day of May, in the Year of our Lord, 1768, by Thomas Cobham and William Lord, who swore that they were well acquanted with the Handwriting of the said Alexander Duncan, the Testator, and that they verily believe the said deceases Name, as well as the whole Body of the Will, is of his, the said Testators own proper Hand- writing. The said Thomas Cobham and William Lord further declare, that they were both before and since the Date of the said Will, well ac- quainted with the said Alexander Duncan in his Life Time, and were often in his Company, & that they believe at the Time of the date the Said Will He was of sound and disposing mind & Memory.
John Ancrum and Robert Schaw the Executors therein named took the Oaths appointed for their Qualification.
Ordered That Letters Testamentary issue thereon accordingly.
WM. TRYON.
(Endorsement) Alexr. Duncan's Will. Recorded.
This is the Will of Alexander Duncan of Wilmington, merchant at the time of Leaving North Carolina, going for England, which is not to be Opened till Accounts are Certain of his Decease.
Copied from Original Will filed in the Office of the Secretary of State.
GEORGE DURANT'S WILL.
IN THE NAME OF GOD AMEN, the ninth day of october, 1688. I, George Durant, of the Countie of Albemarle, in the Prov- ince of Carolina, Marriner, being in perfect health and memory,
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thanks bee to Allmighty God for the same, and calling to mind the uncertain state of this transitory life and that all flesh must yeld unto Death when it shall please to call and being desirous to Settle things in order, Doe make this my las will and Testament in Manner and forme following. Revoking and Absolutly Un willing by these presents, all and every testament and testaments, will and wills, heretofore by me made and declared, either by word or by wrighting, notwith- standing any promise to the contrary or clause derogatory in the same, and this to bee taken only for my last will and testament and non other.
First, I bequeath my soule to God my maker and to Jesus Christ my Redeemer and to the Holy Ghost my sanctifier; and my bodie to the Earth from which it came, to bee buried in such decent and Christian manner as to my Executor shall bee fitt and convenient, there to rest untill my body and Soul shall meete again at the Joyfull Resurection; and for my worldly estate I give and bequeath as followeth:
1st. I bequeath to my son John Durant my plantation wheron I now live with the eaquall part of on half of the tract of land belonging thereto to him and his Heiyrs male, lawfully begotten of his own bodie for ever, and the other half of the said tract of land I give to my son Thomas Durant, and to his Heiyres male, of his bodie lawfully begotten, forever, and in case of failing of Heiyrs as Aforesaid, that then the of * * either of them is *
* (Illegible). My will is that my Nephew George Durant, the son of my brother John Durant, of Lon- don, Shall enjoy the whole tract of land, to him and his Heiyrs male, of his own body begotten, for ever and for want of such Heyers as aforesaid, that then the said plantation and land to fall to Henry Durant, the son of my Brother John Durant aforesaid, and for want of Heyre male as aforesaid in him, then my other Nephew John Durant, the sone of my Brother John Durant aforesaid, and his Heyres male as aforesaid, to have hold and enjoy for ever. and for want of Heyers in him I doe give and bequeath my said plantation and tract of land thereto belonging * (Illegible). Rights and prive-
ledge for ever.
2ly. I doe give and grant to my loving wife, An Durant, my Said plantation, with all benefitts and profitts during hir naturall life, without controule or any molestation what- soever, and that all the remainder of my estate be equally divided between my loving wife, An Durant, and my Daugh- ters Sarah, Matytya, Pertyenia and Ann Durant, and like- wise I doe here make my loving wife, An Durant, to bee my whole and Sole Executrix to see this my last will performed, leaving her the trust of my Children untill they shall come to age or maried.
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In Witness whereof I have hereunto sett my hand and seale the day and year first above written.
GEO. DURANT (Seal)
Signed sealed and delivered in presence of
JOHN PHILPOTT. The marke of FRANCIS X HOSSTEN. The Marke of JOHN C CULLY
Proved in Court by the oath of Mr John Philpott and Mr Francis Hossten, ye 6th day of Feby 1693-4 Attested EDWARD MAYO Cler
Recorded ye 26th day of Feby, Anno Do: 1693-4, EDWARD MAYO Cler.
Copied from Original Will filed in the Office of the Secretary of State.
GEORGE DURANT'S WILL.
IN THE NAME OF GOD AMEN, ye Twenty Fifth Day of May, 1730. I, George Durant, of ye County of Albemarle, in the Province of North Carolina, being very Sick and weak in Body, but of perfect mind and Memory, thanks be to Almighty God for the same, Therefore calling to mind the Mortallity of my Body, and knowing that it is appointed for all men Once to Dye, doe Make and Ordain this my Last will and Testament, That Is to Say:
Principally, and first of all, I give and Recommend my Soul Into the Hands of God that gave It; and my Body I Recom- mend to the Earth to be Buried In decent and christian manner at the Discretion of my Executors, nothing doubting but at the Generall Resurrection, I shall receive the same again by the Almighty Power of God; and as touching Such worldly Estate Wherewith it hath pleased God to bless me in this life, I Give, Demise and Dispose of the same in the Following man- ner and Form:
Imprimis: I order one moyety or Tract of Land Contain- ing Five Hundred Acres, It being and Lying on the South Shore, to be Sold by my Executors, and the one half of the Money to Paid to Anthony Hatch's Estate.
Item. I give and Bequeath to my well Beloved Son, George Durant, one Bible, one Silver beeker with G. D. A. upon It. And Further, I Desire my Executors to Build one Barn on the Plantation I now Live on and the Charge to be Paid out of my whole Estate. And Likewise, I Order one Brick Chim- ney to be Built to my Daughter, Mary Durant House.
Item. I Give to Anne Longlarther, Five Pounds, Currant
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Money. And also, my Will is that my Son, George Durant, should have as good Learing as can be had In this Govern- ment.
And after my Lawfull Debts being Paid, Then my whole Estate to be Equally Devided Between my Five Children, Anne Durant, Mary Durant, Sarah Durant, Elizabeth Durant and George Durant, and that each Child to be paid as they Come of Age; and In Case of Death Before They Injoys their Estate, That then their part to be Equally Divided between the Survivors.
And Likewise, I Doe hereby make my Loving Brothers, Zebulun Clayton and Richard Whidbee, to be my whole and Sole Executors to see this my last will performed. Leaving them the care and tuition of my Children Untill they Shall come to age or marryed.
In witness whereof, I have hereunto Sett my hand and Seal, the Day and year first above written.
GEO. DURANT (Seal)
Signed, Sealed and Delivered In presence of:
his THOMAS J SNOWDEN. mark. ELIZABETH GIBSON. JOHN STEVENS.
Sept. 29, 1730.
Proved this will by the Oath of Mr. John Stephens. RICHD. EVERARD.
Copied from the Original Will, filed in the Office of the Secretary of State.
RICHARD EAGLES' WILL. 1
IN THE NAME OF GOD AMEN. I, Richard Eagles, of the County of Brunswick and Province of North Carolina, Gen- tleman, being weak in body but of sound mind & memory, and Considering the uncertainty of this Life, do make this my Last Will and Testament in manner and form following, that is to say.
Imprimis: It is my will and desire that all my just Debts be paid out of the Profits of my Estate, by my Executors here- after named.
I Give and Bequeath to my son, Joseph Eagles, son of Mar- garet Henrietta Eagles, my wife, formerly Call'd Marg't Hen- rietta Bugnion, his heirs and Assigns forever, the House, Planta- tion, Saw & Grist mills, where I now Live, together with all the lands I am now possessed of, Except such as is hereafter given to my Daughter, Susannah Eagles, or otherwise; Also
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I give to my Son Joseph, son to my wife Marg't Henrietta Eagles, formerly Called Marg't Henrietta Bugnion, fifteen Negroes, Big and little, as their families shall be; also, his Choice of four Lotts of Land in the Town of Wilmington, together with two thirds of all the stock I am Possessed of, Cattle, Horses, mares, hogs, sheep, &c.
Item. I Give and Bequeath to my Daughter, Susannah Elizabeth Eagles, Daughter to my late wife, Marg't Henri- etta Eagles, formerly Called Marg't Henrietta Bugnion, Six hundred and forty Acres of Land Adjoin'g the Bank'd piece now Intend for a rice field & Bought of Hugh Blenning. Also, one third part of all the Land I now owne on the Island Com- monly Call'd Eagles's Island, together with one half the num- ber of Lotts in Wilmington, that I am possessed of Except such as are already given to my Son, Joseph; Also, one third part of all the stock I am possessed of Viz: Cattle, Horses, Mares, Hogs, Sheep, &c.
Item. I Give and Bequeath to my Two Cousins, Jean & Elizabeth Davis, one young Negro each, about their owne Age, to them & their Heirs for ever.
Item. I give and Bequeath to my Sister, Elizabeth Davis, the House she now lives on the no. side of the mill Pond, with the field that is fenced in, as long as she Lives, after her Death, to return to my son, Joseph Eagles.
Item. I Give and Bequeath to Jeanet McFarling, for and in Consideration of her faithfull and Diligent Care & Attend- ance in Mrs. Eagles's life time as well as since; two Negroes, Vizt: a wench Called Caelia, and a Boy Call'd Peter, to her & her heirs forever; And it is my Desire that she, the sd. Jeanet McFarling, be and remaine in the house I now live, to have the Care of the Stock, Poultry, &c., and that my Exec- ut'rs pay her the sum of Thirty five pounds, procl., Yearly until she is married or my son, Joseph, Come to the Years of Eighteen; Afterward as long as he shall think proper & no longer.
Item. I Give and Bequeath to John Eagleson, my Negro boy Jack, also, I do hereby Assign over to him the Mortgage of Price's Land, Commonly Call'd Judy's Branch, & four Mares & Colts.
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