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 26
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Item. I Give and Bequeath to my Nephew, Francis Brit- ton, my Gold Stock Buckle (and) And my six silver table Spoons, in remembrance of his regard and kindness Shuon me in coming to see me and staying some time with me.
Item. Whereas, I have been greatly afflicted with Sickness and thereby rendered incapable of going about or transacting my own business, except for about fourteen months, for more than twelve years past, and since my making a former Will, And my Good Friend and Neighbor, Frederick Jones, Esquire, having all the said time (except the said fourteen months) Trans- acted my business, settled my accounts, and also as my Attorney during my absence when I went to Philadelphia for the recovery my health managed and directed my Whole Affairs and business to my satisfaction and the benefit of my Estate, I therefore, Give and bequeath to the Frederick Jones, and his Assignes, my Negro Called or Named Tobey. I also Give and Bequeath to the said Frederick my Negroe Woman called old Lucey, he paying into my Estate so much proclamation money for the Said Lucey as she shall be appraised at, by three honest and credible persons to be worth, the said Lucey having been a good Slave, it is my desire my said friend, Frederick Jones should have her, as I am Sensible his humanity is such that he would treat her well.
Item. I Give and Bequeath to my said Friend, Frederick Jones, my stand of Cruits I bought of Mr. Smith, also my two
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volumes of Chambers Dictionary, and such of my other books as he shall choose to have.
Item. It is my further Will, and I do hereby Order and direct that my Executor, the said Frederick Jones, shall have and take five per centum Commission on all moneys that shall arise the by sale of such of my Estate as is or shall be in-my Will ordered is to be sold (Illegible).
Item. I Give and Bequeath to my God Daughter, Elizabeth Jones, Daughter of my Friend, the said Frederick Jones, my Negroe Woman called Flora, wife to my Negro man call Toby, together with her three children by Name, Bessy, Toby & Guy.
Item. It is my Will and I do hereby order and direct that all my Negroe Slaves, household Goods, Stocks of weak ? Cattle, horse, Hoggs, Sheep, Geese, Turkeys, Ducks and Fowls of every kind, Carts, Waggon and Plantation Tools of every kind, and all the rest and Residue of my Estate of what kind or nature Whatsoever, not in this my will by me before bequeathed and disposed of, be sold by my Executor, the said Frederick Jones; and in case of his death by my Nephews, Moses Britton & Frances Britton, and the money arising by the sale thereof, after payment of my just debts and Funeral Expenses & the Commission aforesaid before Given & Orderd to my Executor the said Frederick Jones, I give and Bequeath to my Nephews, Moses Britton, Francis Britton, Henery Britton & my Niece, Mary Britton to be Equally distributed among them, Share & Share Alike.
Item. It is my Will & I desire my Executor, Frederick Jones do imediately after my decease, send my Negro man Cato with an anon'mt of my death to my Nephews, Moses Britton & Francis Britton, and is is my desire that my will be not opened till they have such Notice.
Lastly, I Nominate & Appoint my aforesaid Friend, Fred- erick Jones, Esquire, Executor of this my last will & Testament & after his death I Nominate & Appoint Moses Britton & Fran- ces Britton, Executors thereof.
In Testimony whereof, I have, to this my last Will & Test- ament, set my hand and seal this nith- day of September, in the year of our Lord, one thousand and seven hundred and Seventy two.
HENRY HYRNE (Coat of Arms on seal)
Signed, Sealed, Published and declared by the said Henry
Hyrne, as, and for his last Will & Testament in the presence of us. SAML. GWANN. JOHN BUFORD. BENJAMIN WILLIAMS. WILLIAM BUFORD.
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N. B. The words "and fourty" between the thirteenth and fourteenth lines from the Top of the first page, first inter- lined; and the Words "fourty" in the twenty second line, and Hannah, in the twenty nith line of the said first page blurred, before the Signing of the Will on the other half of this Sheet, by the said Henry Hyrne in the presence of us.
SAM GWANN, JOHN BUFORD, BENJAMIN WILLIAMS, WILLIAM BUFORD.
NORTH CAROLINA. SS.
CODICIL. I, Henry Hyrn, of New Hanover county, in the Province abovesaid, Gentleman, Do this day make and declare this my Codicil in manner following, that is to Say,
Whereas, In my Will bearing date this ninth day of Sep- tember, in the year of our Lord, one thousand, Seven hundred and Seventy two, I have forgot to dispose of my wearing apparell I Do now by this my Codicil Give and Bequeath all my Wearing apparel to my Nephews, Joseph Walters, Henry Wal- ters & George Walters (except my Shirts or Wearing Linnin) to be Equally divided among them. And my shirts or Wearing Linnin, I Give and Bequeath to my said Nephews, Joseph Wal- ters, Henry Walters Gorge Walters, and my Neice, Elizabeth Walters, to be equally * (Illegible) I Give and Be-
queath to my friend
(Illegible) in transacting my Law business the sum of Ten pounds proclamation money, to be paid him out of the money arising by the Sale of the resi- duum of my Estate.
And Lastly, It is my Will and desire that this present Codicil, wrote in the same Sheet of paper whereon my will is wrote, be made a part of my Last Will & Testament to all intents and purposes.
In Witness whereof, I have hereunto put my hand and Seal, this ninth day of September, one thousand Seven hundred and seventy two.
HENRY HYRNE (Coat of Arms on Seal)
Signed, Sealed, Published &
declared in presence of us: (The
word "Elizabeth Walters" be-
tween the tenth & eleventh line
from the Top of the Codicil first interlined).
JOHN RUFORD. BENJAMIN WILLIAMS. WILLIAM BUFORD.
The within last Will and Testament and Codicil thereto, of Henry Hyrne, deceased, was proved before me this 26th. day of October, 1773,
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by the Oath of William Buford, one of the subscribing Witnesses thereto, who swore that he was present and did see the within named Testator Sign, Seal, publish and declare the same to be and contain his last Will and Testament, and that * * * (Line Illegible).
And the Said Frederick Jones, the Executor in the said Will named, having qualified by taking the Oaths of an Executor agreeable to Law. It is Ordered that Letters Testamentory issue thereon accordingly.
Jo. MARTIN.
Copied from the Original Will, filed in the Office of the Secretary of State.
JAMES INNES' WILL.
IN THE NAM OF GOD AMEN. I, James Innes, of Cape Fear, in North Carolina in America, Coll. of the Regement of sd. Province, (Raised for His Majestys imediate Service and Com- manded in Chief of this Expedition to the Ohio, Against the French & there Indeans, whoe have most unjustly Invaided & fertified Them Selves on His Majestys Land), Being now readdey to enter upon Action & of Sound minde, Memory & Understanding, Do make this my Last Will & Testament, in Manner & Forme following, viz:
I recomend my Soul to the Almighty God that gave it, relying on the merits of Jesus Christ for Mercy at the last day. My Bodie, I most freely Offer to be disposed off as God in His wise providence shall please to direct.
I recomend the paying of all my Just & Lawful Debts, instantly or when demanded. I direct a remittance may be made to Edinburgh, Sufficient to pay for a Church Bell for the Parish Church of Cannesby, in Caithness, agreeable to my Letter to mr. Jams. Broadee, Minister there.
I also appoint and direct, that there may be a furder remittance made of one hundred Pounds, Sterll., for the Use of the Poor of the said Parish of Cannesby, and the said summ of One hundred Pounds, to be put to Interest for the use of the Poor of Said Parish, as formerly directed by me.
I also give & bequeath, att the Death of my Loving Wife, Jean Innes, my Plantation Called Point Pleasant, & the Op- posite mash Land over the River, for which there is a Separate Patent, Two Negro young Women, One Negro young Man, and there Increase; all the Stock of Cattle and Hogs, halfe the Stock of Horses belonging att the time to that Plantation With all my Books, and one hundred Pounds Sterling, or the Equivalent thereunto in the currency of the Country, For the Use of a Free School for the Benefite of the Youth of North Carolina. And to see that this part of my Will be dewly Executed att the time, I appoint the Colonell of the New Hanover Regiment, the Parson of Willmington Church & the Vestrey for the time
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being, or the Majority, of them as they Shall from time to time be Choised or Appointed.
The Residue of my Estate, both reall and personall, I lave to the Sole disposall of my Loving Wife and companion of my Life, Jean Innes, whome I appoint to be Sole Executrix of this my last will and Testament, which I desire may be recorded in the Publique Regester.
In testimony hereof, I have put my hand and Seall, this fift day of July, and in the Year of our Lord, God, One thousand, Seven hundred, fifty and four.
JAMES INNES (Seal).
Done at Winchester, in Virginia, in
presence of us, Sign'd, Sealled, & published :
JOHN CARLYLE. W. COCKS. CALEB GRAINGER.
The foregoing Last Will and Testament of James Innes, Esquire, was duly proved before me by the oath of Caleb Grainger, who made Oath on the holy Evangelists, that he saw and heard the said James Innes, sign, seal and publish the foregoing as, and for, his last Will and Testament in the presence of the said Caleb Grainger, John Carlyle, and William Cocks, who subscribed their respective Names as Evidences thereto, in presence of the Testator, who was at the same time of sound and Dis- posing Memory and Understanding.
Let Letters Testamentary Issue hereof to Jean Innes, Executrix in the foregoing Will named.
Brunswick, 9th., Octor., 1759.
ARTHUR DOBBS.
Copied from the Original Will, filed in the Office of the Secretary of State.
CHRISTIAN ISLER'S WILL.
IN THE NAME OF GOD AMAN. The Fourth Day of october, one Thousand, seven Hundred and forty Seven: I, Chrystian Isler, of the County of Craven, In the provins of North Carolina, Blander; being Very Sick and Weak In the Body, but of perfect Mind and memory, thanks be given unto god, therefore Calling unto Mind the Mortality of my body and knowing that it Is appointed for all men once to die, do make and ordain this my Last Will and Testament, that is to Say, principally and first of all, I Give and Recomment my Soul Into the hands of God that Gave it; and my body I Recomment to the Earth, to be buried in decent Christian Burial at the Descretion of my Executors, not doubting but at the General Resurrection I Shall Receive the Same again by the mighty power of God; and touching Such worldly Estate wherewith it hath pleased almighty god to bless me in this Life, I Give, Demise and dispose of the same in the following maner and form:
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Imprimis, I Give and bequeath unto Elizabeth Isler, my dearly beloved Wife, one negro man Callit Cato, and one negro women Callit judee, two plow horses under Ceers and one plow and fluck, one pay Mare Callit jan, and one three year old horse; and the third of all my Houshold goods, and of all my Chattle, to her, the Said Elizabeth Isler, my Wife, her heirs, Executors or asministrators or assigns for Ever, and her Widow Sead on the blantation I now Life on by her freely to be possessed with out ang Interruption & *
Item. I give and bequeath to my well beloved Sonn, John Isler, one negro man Callit Embero, and one horse Callit Zany, with my Sadle and bridle, and five four year old Steers, five three year old heafers with Calvs, and one Yearling horse, I give to him, his heirs, Executors, administrators and assigns for Ever.
Item. I Give and bequeath to my well beloved Son, Wil- liam Isler, my land and blantation I now Live on, and one negro boy Callit Simon, and one maladder boy Callet Scot, and four Ews and lambs, and one Ram, and Eight Sows and picks, I give to him, the said William Isler, his heirs, Executors, admin- istrators, and assigns for Ever.
Item. I give and bequeath to my well beloved Daughter, Elizabeth Isler, one feather bed, one negro boy Callit Nooris, and one Sorrel mare and Cold, all of which I Give to her, the Said Elizabeth Isler My Daughter, to her, her heirs, Executors, administrators and assigns for Ever; and also, the third of all my household goods, and the third of all my Chattle, to her for Ever.
Item. I Give and bequeath to my well beloved Daughter, Susanna Isler, one negro boy Callit Charles, and one Two year old mare that Came of old Jan; and also, the third of all my Houshold goods, and the third of all my Chattle, all of which I Give to her, her heirs, Executors, administrators and assigns for Ever.
Item. I to Elect and Choose my well beloved brother, Fred- erick Isler, and John Isler, and William Isler, my Sons, for my Executors, to act acording to this my last will and Testament, and I do here by utterly disallow, Revoke and disanul, all and Every other former testament, wills, Lagacies and Requests and Executors by me in any ways before named, Willed and bequeathed, Retifying and Confirming this, and no other, to be my Last will and testament.
In witness whereof I have hereunto Set my hand and Seal the day and year above written. his
CHRISTIAN C E ISLER (Seal) mark
Signed, Sealed, published, pro-
nounced and declared, by the Said Christian Isler, as his Last
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will and testament, In the pres- ence of us the Subscribers:
MELCHER REMM. JAMES MARSHEL. her SARAH X LICKBLAT. marke
On the Oaths of Melcher Remm and Sarah Lickblat, of the due Execu- tion of this Will, Let it be Registered. The within named John Isler and William Isler having taken the oath of Extors. Dated this 7th day of November, 1747.
E: HALL, C: J:
Copied from Original Will, filed in the Office of the Secretary of State.
JOSEPH JENORE'S WILL.
IN THE NAME OF GOD AMEN. I, Joseph Jenore, Surveyor Generale of North Carolina, being Sick and weak, but of Sound mind and memory, do make and ordain this my Last will and Testament, desiring my body may be decently buryed, And recommending my Soul humbly to the mercy of God.
Impris. I will That all my Just Debts be payed as soon as Conveniently may be, and after my funeral Expences & Debts are payed, I Devise & bequeath all my Estate, real & personal whatsoever and wheresoever, to my Dear wife, Anne Jenore, to her, her heirs & assigns.
And I do hereby appoint my sd. wife sole Executrix of this my last will and Testament. My son being already provided for & under the Care of his grandfather, I give him one Shilling only, not doubting but due Care will be Taken of him. And I do hereby revoke all other wills by me made.
In testimony whereof, I have hereunto Set my hand & Seal. This 30th. (30 ) day of Sept., 1732.
JO. JENORE.
Signed, Sealed, published & declared,
to be his last will and Testament in presence of us:
WM. LITTLE. R. FOSTER. WILLIAMS.
No. CAROLINA. SSC. Jan'ry 13th., 1732.
Ayleffe Williams Personally appeared before me and made oath on the holy Evangelist, that he Saw Joseph Jenoure, Esqr., Sign, Seal, publish & Declare the within written Instrument to be & contain his last will and Testam't, and that he Saw William Little & Robt. Forster sign as Evidences at the same time. GEO. BURRINGTON.
Copied from the Original Will, filed in the Office of the Secretary of State.
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NORTH CAROLINA WILLS.
GABRIEL JOHNSTON'S WILL.
NORTH CAROLINA.
IN THE NAME OF GOD AMEN, This is the last will and Testa- ment of Gabriel Johnston, Esquire, Governor of North Caro- lina.
Imprimis, I give and bequeath unto my Dearest Wife, Frances Johnston, a Plantation called Possum Quarter, lying and being in Granville County. I also give and bequeath unto her another Plantation Called Conahoe, with the Three Hundred Acres lying near it by Gainers Plantation, both in Tyrrel Countys, together with a small Plantation lying on Salmon Creek in the County of Bertie, which I lately pur- chased of Lamb Hardy, to her & her Heirs for Ever.
Item, it is my Will that the said Frances Johnston shall at a Time she Shall Think proper and Convenient for her own Interest and that of my Daughter, Purchase for her own Use, and in Order to Manage and Stock the aforesaid Planta- tion, Twenty Working Negroes, Seventy Head of black Cattle, and a Proportional Quantity of Hoggs, which Purchase I allow her to make Either all at Once or Gradually as it shall best Suit her Interest; or if it can't be done Easily to take the said Negroes out of the Estate of my Daughter, Penelope, and take Care to have the Gradually Replais'd.
2ยบ I give & bequeath unto my Dearest Daughter, Penelope Johnston, all my Lands lying the Counties of Bertie, North- ampton and Granville which I had by her Mother, to her and her Heirs for Ever, and all the Slaves I had by her Mother when I married her, Together with their Increase. And in Case my Wife shall Choose to Remain in North Carolina and Reside upon the Lands of, and live with my Daughter (which is my Hearty Wish), my will is that she, my said Wife, shall have the Use of all my said Daughters Plantations, and for her Encouragement to Cultivate & Improve these Planta- tions, Especially in Raising Silk, and she, my said Wife, shall Receive and Enjoy for her own Proper Use, One Half or Moiety of the Yearly Produce of the said Plantations, untill the Time of my said Daughters Marriage, or her Attaining the Age of One and Twenty, I likewise give my Daughter all the live Stock which shall be on my said Plantations at the Time of my Decease. And I Earnestly Request my Dearest Wife to be a kind tender Mother to my Dear little Girl, and to bring her up in the Fear of God and under a deep Sense of her being always in his Presence, and in Sobriety and Moderation Con- fining her Desires to things Plain, neat and Elegant, and not aspiring after the Gayety, Splendor and Extravagances; and Especially, to take Care to keep within the Bounds of her Incomes, and by no Means to Run in Debt.
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And in Case it shall please Almighty God to remove my Daughter without her leaving any Children behinde her, it is my Will that the Above Estate shall go to my Brothers Sons and their Heirs Heirs forever; and that in such Case my Dearest Wife, Frances Johnston, may Enjoy, Possess and live upon any One of my Plantations she shall Choose Within Twelve Months after my Decease, and my Brother, Samuel Johnston, may in like Manner Choose any other of my Plantations to be Enjoyed during their Natural lives.
It., I give and bequeath unto Henry Johnston, now at School in Newhaven, in the Colony of Conecticut, a Tract of One Thousand Acres of Land Lying on Cypress Creek on the South Side of Trent River in Craven County; and a Tract of Nine Hundred and Eighty Acres lying on the South Side of Trent, to Carolina Johnston, his Sister; and a Tract of Four Hundred and Odd Acres lying on the Head of Trent and New Rivers to my Neice, Penelope Johnston, to them and their Heirs for ever. All which Lands formerly belonged to William Smith, Esqr., Chief Justice of this Province, and were left to me by his Will.
Item, I give and bequeath unto my Brother's Two Son, Samuel Johnston and John Johnston, a Tract of Land of Seven Thousand Acres lying on Deep River in Bladen County, which I hold under the Name of Edward Griffith, Esqr., to be Equally Divided between them, to them their Heirs, Execu- tors for Ever.
It, I give unto my Daughter, Penelope, all the small Islands lying in Roanoke River, and in the neighbourhood of Mount Gallard.
It., I do will, and hereby Impower my Executors here- after Named, to Sell all the Remainder of my Real Estate to the best Purchaser within Two Years after my Decease, and the Monies arising from the Sale thereof, I do hereby Order to be applied to the Payment of my Just Debts.
I leave all my Houshold Furniture, Plantation Tools and Necessaries to my Wife and Daughter in Case they Remain in this Province; My Books, I leave to William Cathcart, Esqr., after my Wife and Brother have Choose out them any Number not Exceeding Forty Each.
It, To my Sister, Elizabeth Smear, of the County of Fife, North Britain, my large Repeating Gold Watch after it has been put in Order at the Expence of my Estate. To Carolina Johnston, so be she settles at her Plantation, Ten Cows and Calves, with Hoggs in Proportion, and Five Negroes, And to Each of my Brother's Daughters, at the Day of their Mar- riage, Two Negroes. And all that Distressed poore Family I Recommend to the Kindness and Protection of my Dear Wife, not Dareing to leave more to my Brother least it should
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be Seized to his Creditors, and his Family have no Benefit by it. As for all the Remainder of my Estate, after Payment of my Just Debts as above Directed, I Order all may be sold and my Credits and Arrears of Sallary to be Divided in Five Parts; One Fifth to my Wife, Two Fifths to William Cathcart in Trust for my Brother for the Education of his Family, One Fifth for my Sister, Elizabeth Smear and her Heirs, and One Fifth to Henry Johnston.
It., I give unto my Dearest Wife, One Negro Female Child Called Titty, and leave her Sole Executrix of this my last Will; And in Case of her Death or Absence, Samuel Johnston and William Cathcart, Esqr., Executors, Done at Edenhouse this Sixteenth Day of May, 1751.
GAB: JOHNSTON. (Seal)
This last Will and Testament all written with my Own Hand and Contained in this & the Two Preceeding Pages was signed, Sealed and Declared to be my last Will and Testament in Pres- ence of:
ANDW. LEAKE. SAML. ORMES. THOS. WHITMELL.
NORTH CAROLINA.
I, Matthew Rowan, Esqr., President & Commander in Chief in and over the said Province, Do hereby Certify that this Day Samuel Ormes Personally appeared before me and made Oath that he saw his late Excel- lency Gabriel Johnston, Esqr., late Governor of the said Province, sign, Seal and Declare the above Instrument of Writing as & for his last Will and Testament, and that at his Signing thereof he was of sound & Dispos- ing Mind and Memory; and also, that he saw Andrew Leake and Thos. Whitmell sign their Names at the same Time as Evidences thereunto.
Given at Newbern under my Hand, this Fourth Day of April, Anno Dom., 1753.
MATH: ROWAN.
NORTH CAROLINA.
This Day Frances Johnston, Widow, Relict of the late Gabriel Johnston, Esqr., late governor of this Province, Personally appeared before me as Excutrix appointed by the Will of said Gabriel Johnston, Esqr., and took the Oath appointed by Law to be taken by Executors.
Given under my Hand this 16th. Day of April, Anno Dom., 1753. JAS. HASELL C. Sc.
BERTIE COUNTY.
May Court, 1753.
The within written last Will and Testament of his late Excellency, Gabriel Johnston, Esqr., late Governor of North Carolina was further proved by the Oath of Thomas Whitmell, One of the Subscribing Wit- nesses thereto, Ordered to be Certified.
P Order of Court.
Copy, SAML. ORMES, Cl. Cur.
Recorded in Will Book 6, page 153.
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SAMUEL JOHNSTON'S WILL.
NORTH CAROLINA, SS.
ONSLOW COUNTY,
IN THE NAME OF GOD AMEN, This is the last Will and Testam't of Saml. Johnston, of Onslow County, in the Province aforesaid.
Imprs., after paying my lawful Debts both in Great Britain and here, I give and bequeath to my Son, Samuel and John, Six thousand, five hundred Acres of land lying on the NorthEast of Capefear River, contained in four Patents.
Item, I give and bequeath unto my Daughter, Jean, Penelope, Isobell, Ann, Hannah, all my lands on Tuckahoe, and Two hundred Acres on Beaver Creek including the Mouth thereof, both in Craven County, and all my lands on the Branches of New River, in Short all my real Estate except what is given away above.
Item, I Give and bequeath unto my said Daughters Jean, penelope, Isobel, Ann and Hannah, all my Personal Estate, my Nigers to be Divided among them in Manner following, (Vizt.) one Wench Named bigless and her increase to my Daughter Jean, I mean Dinah and Lydia bess her two Chil- dren; to Penelope, little Bess and Susannah; to Isobel Inda and Sall; to Ann, Juno and peter; to my Daughter Hannah, Sapho and her Daughter Cary and Black Hannah. The Negro Men to be divided amongst my Daughters, Vizt., Fordune, Frank, Cato, Lewis and Dundree, My Stock of Horses, Black Cattle and Hoggs, Houshold Goods, Plantation Tools, and every other thing belonging to my Personal Estate as if they were herein Particularly Mentioned, to be divided amongst my Daughters; and in Case any of them Should be called of by Death, that their portion Shall go to the Surviver or Survivers of my Daughters. It is my Will that my hands may be kept at work on my plantation for payment of my Debts so far, or be hired out, at the Discretion of my Execu- tors after mentioned, and it is my desire that my Daughters should Stay wth. Mrs. Pheebee Warburton as long as She lives and is willing to keep them, or till they are Married.
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