James County Will Book 1887 - 1919

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Transcribed by and used with permission of
James L. Douthat

The following copy of the Will Book for James County, Tennessee was found in the Hamilton County, Tennessee Court House in November 1993 and was microfilmed for the first time then. A copy of the original microfilm may be viewed at the Bicentennial Library in Chattanooga. The contents of this Will Book are transcribed just as they appear on the film by James L. Douthat. No corrections in the spelling or other information is being made in the original, except where the reader might think the error was on the part of the typist. Some notes are added in brackets [ ].


Bower, Mrs. S. M.

Last Will and Testament of 
 

Last Will and }

Testament of  }

Mrs. S. M. Bower }

 

I, S. M. Bower of the county of James and State of Tennessee Being of sound and disposing mind and memory do make publish and declare this to be my last will and testament hereby revoking all former wills by me at anytime made. As to all of my personal property of which I Shall die Seized and possessed or to which I Shall be entitled at the time of my decease. I desire bequeath and dispose thereof in the manner following to wit. My will is that all my Just debts and furneral [sic] expence shall by my Executor herein after name be paid out of my estate so soon after my decease as shall by him be found convient. I give desire and bequeath to my daughter Mattie Bower all my personal and Kitchen furniture. Also all of my live stock and my automobile and all money and notes and all other personal property that I shall be entitled to at the time of my decease and Lastly I do nominate and appoint my Son James Bower to be the executor of this my last will and testament. And do authorize him to Execute this will without entering into bond as required by law and desire that the court do not require said Executor to enter into bond. In witness whereof I the said S. M. Bower have to this my last Will and testament Subscribed my name this the 14th day of February 1916.

S. M.     X     Bower

       Her mark


Witnesses:

J. M. Gass

Witness:

A.B. Brown

 

Subscribed published and declared by the said S. M. Bower as and for her for her last will and testament in the presence of us who at her request and in the presence and in the presence of each other have subscribed our names as witnesses.

Witnesses: J. M. Gas - Birchwood, Tenn

A. B. Brown - Birchwood, Tenn

 

State of Tennessee}

James County}

 

I Jno. A. Hall County Clerk in and the county and State afore said do certify that the above one page of the foregoing Will of S. M. Bower is a true and true copy of the original will as it appears in Will Book No. 1 Pages 32 & 33.

Witness my hand at office in Ooltewah on the 7th day of May 1917.

Jno. A. Hall

County Court Clerk

 

Brohard, J. M.

Last Will and Testament of 

I, J. M. Brohard do make and publis [sic] this as my last will and testament hereby revoking and making void all others by me heretofore mad [sic].

First: I desire that my furneral expences and my debts be paid as soon as possible out of any money that I may die possessed of or may first come into the hands of my Executor:

Secondly- I give bequeath to my dauther Bonnie Brohard Rhinehart my cook Stove.

Thirdly. I give and bequeath to my daughter Ida Brohard Lee my Sewing Machine.

Fourthly- I give and bequeath to my daughter Bessie Brohard Edge my best feather bed.

Fifthly- I give and bequeath to my dauther Nellie Brohard Murphy all the Rugs and choice of Hall tree or Center table.

Sixthly- I give and bequeath to my Son Leo Brohard the sum of Twenty five Dollars in cash.

Seventhly-. I give and bequeath to my Daughter Mayme Brohard the sum of Twenty five dollars in cash.

Eightly- I give and bequeath to my Daughter Fern Brohard the complete Bed in the little Room.

Ninthly- I give and bequeath to my Daughter Fay Brohard the complete Bed in the sitting Room.

  Tenthly- I give and bequeath that to my Three Daughters Mayme, Fern and Fay have the Pianno [sic] Jointly that is to share and share a like equally with privelege of either one of the three buying the interest of the other two.

Eleventhly- I will that the remainder of the beding, Bed clothes pictures and other little things be equally divided among all the children.

Twelvethly [sic]: It is my will that all the remaining personal property and all the Real Estate be sold and equally divided among all my chilidren after all expences incidental to said Sale has been paid.

Lastly- I do hereby nominate and appoint Henry O. Rhinehart  my Executor.

In witness where of I do to this my will set my hand this First day March one thousand nine hundred and nineteen.

J. M. Brohard

Signed and subscribed in our presence and we have subscribed our names hereto in presence of the testator. This the first day of March one Thousand nine hundred and nineteen.

R. H. Withoit [seal]
J.W. Hudgins [seal]

James County Tennessee Will Book Page 120

 

Davis, James

Last Will and Testament of 

Copy of last Will and Testament of James Davis Dec'd

 

I, James Davis Make this my last will and testament being in sound mind I hereby dispose of my property as follows.

First: I hereby will to my Granddaughter Nora Brady, my grand Son John Brady 40 acres of land in 5th Civil Dist. and bought of James Russ. [Note: Braddy\Brady is spelled both ways]


Second. I hereby Will to my Daughter Savannah Smith all the land west of Harrison and Georgetown Road bought of James Allen and also 1/3 and south part of 160 acres of land bought of Swill Davis and line running East and west with line of the land bought of James Allen afore said land being all South part of my land west of said road.


Third: I hereby will to my son Harris Davis all the land bought of James Allen East of Road and also all the land bought of Jim Elder only being the line with Jim Elder and leaving Barn on north side of the Bob Elder land and with its wire fence to Jim Smith line also 1/3 of 160 acres bought of Swill Davis line running East and West.


Fourth: I hereby will to my sons Warner Davis and Owen Davis all the land bought of Bob Elder only as afore said including all the building in which we were and including bam and Joining Harve Davis line and running to Jim Smith line and also 1/3 of 160 acres bought of Swill Davis and line running

East and west and all of my household and kitchen furniture Farming tools and one mule each and all cattle and hogs I may have on hand at my death.


Fifth: I hereby will to My daughter Dallis Dugan and Gwen Biggs all the land bought of Thomas Davis.


Sixth. I hereby bequeath to my sons Harvy Davis, Warner Davis and Owen Davis all the ridge land not included in the above.


Seventh: I hereby appoint Harvey Davis, Guardian for the minors Warner and Owen Davis, without bond


Eight: I request all the moneys I may have on hand at my Death to my sons Harvey Davis[,] Warner Davis, and Owen Davis, and require them to pay all my Debts that I may owe at my death and to pay my funeral expences.


Ninth: I hereby appoint Harvey Davis Executor of this my last will and testament without bond


Tenth: If any of the heirs that I have signed their notes as security fail to pay same and my estate have same to pay the amount shall be taken out of their of the estate All the bequeats are according to my wish.

Attest - This July 26th 1910

James X Davis

his mark


James M. Lewis

G.R. Lewis


State of Tenn}

James County}


I, S. L. Lovell County Court Clerk of said county certify that the foregoing is a true and correct copy of the will of James Davis dec'd as the same appears of record in the County Clerk Office of said County. Witness my Signature and official Seal on the 4th day of Oct 1911.

S. L. Lovell

County Court Clerk

 

James County Will Book Page 34

Howard, George W.

Last Will and Testament of 
 

Just & Will & Testament of G. W. Howard


I, George W. Howard do make and Publish this as my last will and testament hereby revoking and making void all others by me at any time made.

First: I direct that all my funeral Expenses and debts be Paid Then I direct the Executors of this will to pay the C. P. [Cumberland Presbyterian] Church in Ooltewah three thousand Dollars and Erect a mausoleum or monument to contain my boddy on some of the high Lots in East portion of Ooltewah if I have not bought one for this purpose when needed.

 

I desire that this monument cost about three thousand Dollars and to have a metal cast of my image (about life size) or have it carved out of stone and placed on or about it somewhere (A bust size will likely do). The Executors are required to set aside about $15.00 to be placed in bank for repairs and mowing gruns [sic] around it once a year and to see that this is done Every year. I desire that this monument be completed within six months after death and at and the above church be paid for out of the first money received. Pay Expenses of monument first in case there is not Enough money on hand to pay all of both. My boddy can be left with Harry Chapman or some reliable undertaker in Chattanooga who will keep it in a metal case or Vault until it is ready to be intered in the monument here.


Secondly- I direct that all the ballance of my Estate be converted to chash [sic] as soon as it can be sold for something more its Value and after paying the executors of this will a reasonable amount for thier servies, I desire that it be divided Equally among the white Baptist and Southern Methodist Churches m Ooltewah as the Christian Church is not being kept up here. I do not think it worth while to give them any thing unless the amount should exced (sic] three thousand dollars to each of the Baptist and Methodist Church mentioned above. On this case the executors can give ballance to the Christian Church. the leaders of the different churches ought to use their influence and helps the Executors to make the properlty sell for full value. And if they desire to return any favor for these donations that I make they can have my funeral preached and give monument a little attention when needed.


Fourth: [no thirdly given] I have no near relatives than cousins. And as they are scattered over the U.S. and part of them are unknown I do not think it best to attempt to make a division of the Estate among them.

Lastly: I do hereby nominate and appoint Mr. John Hall and Hamton Parches to be my executors I witness whereas of I do this my will set my hand this the sixth day of February One thousand nine hundred and twelve.

G. W. Howard


signed and published in our presence and we have subscribed our names hereto in the presence of the testator This the 6th day of February 1912.

Witness:          A. L. Tallant

Witness:          W. A. Lewis

H. L. Quille


Codicile

In the year 1914 I offered to give the Baptist church in Ooltewah One thousand dollars of their part of this Will at Once if they would Employ Rev. W. L. Taylor for their minister One year and give them ballance at my death. They Refused to do so and sent me word that the church here did not need my money but would be glad for me to send it to a Baptist female college in Murfreesburough. But as I do not feel like sending it away from home and they do not want it. I direct the executors of my will to divide the part willed to the Baptist church in Ooltewah, Tenn. Equally among the Christian Church and the C. P. Church here provided the Christian church is organized and in operation at my death. If not, I direct them to give all to above C. P. Church. This 18th Sept 1914.

G. W. Howard

 

State of Tennessee}
James County}         I


I, C. Cofer Deputy county court clerk in and for the aforesaid county and state do hereby certify that the above and two pages of the foregoing Will of G. W. Howard is a true and genuine copy of the Original will as it appears of Record in Will  Book No 1 on an pages 29-30 closes on Page 31.

Witnesse my hand at office in Ooltewah, Tenn. on this the 3rd day of April 1917.

Jno. A. Hall county Court Clerk

By C. Cofer, D.C.


James County Will Book Pg. 29 - 31

Igo, James M.

Last Will and Testament of 

Copy of Las [sic] Will and testament of J. M. Igo Deceased

 

I, James M. Igo do make and publish this my last Will and testament hereby revoking and making void all others by me at any time made.


First: that My funeral expenses and all my debts be paid as soon after my death as soon possible out of

any money that I may die possessed of or may first come into the hand of my executor.


Second.    I give and bequeath to my nephew Douglass Igo, Son of W. M. Igo now living in Eustis Florida my Single case gold Watch.


Thirdy- I give and bequeath to Bethel College of the Cumberland Presbyterian Church at McKenzie, Tennessee Two Hundred dollars ($200.00) to be used in the Theological Department of said college in educating young men for the ministry of said Cumberland Presbyterian Church.


Fourthly- I give and bequeath to my beloved Sister, Ellen Igo Leeper, wife of J. M. Leeper all the remaining property of what ever nature both real and personal that I may die siezed and possessed of after the above bequeats have been fully complied with.


Lastly I do hereby nominate and appoint my Brother in law J. M. Leeper my executor.


In Witness whereof I do to this my will set my hand this the twenty seventh of January nineteen hundred and fifteen.

James M. Igo


Signed and published in our presence and we have subscribed our names hereto in the presence of the testator. This the 27th day January 1915.

J. E. Hall

G. W. Jackson


State of Tennessee}

Loudon County       }

I, E. E. Watkins, clerk of the of the [sic] county court in said for said county do hereby certify that the above and foregoing is a full and true and correct copy of the last will and testament of James M. Igo as the same appears of record in my Office in Will Book "B" at page 22.


On witness whereof I have here unto set my hand

and official Seal at Office in Loudon on Tennessee this February 27 day AD 1919[.]

E. E. Watkins, Clerk

 

James County Tennessee Will Book Page 37

Shirley, James Brown

Last Will and Testament of 

Know all men by these presents that I[,] James Brown Shirley in the County of James and State of Tennessee forever Being of sound mind and disposing mind and memory do make and publish this my last Will and Testament.

 

1st - I give bequeath to my Beloved wife Mary Shirley all the Personal Property so long as she lives or remains by widow. Consisting of Stock of all kinds, Farming utensils, money, notes, accounts, rents and all debts of wich [sic] I may die owner Possessed whereon situated without to limits or boundries of State or County tines.

 

2nd - I Give bequeath to my wife all real estate in lieu of a dowrey. All lands and rents that I may die owner of for her use and educate my my [sic] children So long as she lives and remains my widow.

 

3rd - It is my will that all my Just debts Burriel expence & recording this will be Paid out of the rents & personal property.

 

4th - I Nominate and appoint my wife Mary Achsah Shirley and Thomas G. Andrews of Tipton [marked out] Upson County Georgia My Executors, Guardians and Administrators of this my last will. My will is that my wife & Thomas G. Andrews Shal [sic] not be required to give any bond or security to the Judge of Probate for the faithful Execution of the duties of Executrix, Guardian or Administrators.

 

5th - It is my Will and desire that at the death of my wife Mary A. Shirley or at anytime when She may arrange to relinquish her life interest in the above mentioned real estate or she marries, It is my will the same lands monev rents go to my Four children Thomas, James, Homer and Addie Josfin Shirley or any children She may have by me or to the lawful heirs of each.

 

6th - At the death or marriage or relinquish of the lands. I have 'will' to my wife during her life time or marriage I give desire and bequeath as follows.

 

7th - I give unto my daughter Addie Josefin Shirley One Gold Watch I have. Also one third of all the land lying East of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. The line Starts at the road at the McDonald lane running East to the North East corner thence South with the Green line to a stake thence west to the road thence north to the Starting Stake. So as to include one third of the land. I give to her during her lifetime and then to her lawful heirs and at her death said land reverts back to Thomas, James and Homer Shirley.

 

8th - I give devise and bequeath unto my son James Shirley one silver watch [scratched out] almwaith [?] one third of all my lands East of the road leading from Ooltewah to Georgetown, Tenn. comencing [sic] at the road running East with Addie, J. S. to the Green line. Thence South so as to include one third Thence west to the road thence north to the Starting point.

 

9th - I give devise and bequeath unto my Son Thomas Shirley one third of all my land East of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. commencing at the road and running East with James Shirley's to the Green line Thence South to the Cate line Thence west across Savannah Creek to the Creek Thence North with the meanderings of the Creek to the Bridge Thence along the road to the starting point.

 

10th - I devise and bequeath unto my Son Homer Shirley all my lands lying west of the road leading from Ooltewah, Tenn. to Georgetown, Tenn. wich [sic] includes the House where I am now living.

 

11th - It is my will in case any children is born from my wife and me they Shall Share alike.

 

12th - It is my desire [scratched out] Will in case my wife dies that my Son Thomas Shirley when he became at proper age be appointed Guardian for the minars [sic] children without bond or security

 

13th - It is my will that if any of my children dies I before they arrive at proper age their interest goes to the surviving children

 

In witness where of I, James Brown Shirley, The Testator have to this my last will and Testament Set my hand and Seal this Twenty Third day of October A.D. 1888.

Signed Sealed              James Brown Shirley [LL]

 

Published and declared by the above named J. B. Shirley and for his will and Testament in the presence of us who have hereunto subscribed our names at his request as witnesses thereto in the presence of the said Testator and each other.

H. H. Brown

T. N. Scoggins

J. C. Dill

State of Tennessee

James County     

 

I, D. McCallister clerk of the county court in and for county and State aforesaid do hereby certify that the foregoing is a true & correct transcript as apears of record in my office. Book 2 Inventories and Wills Page 66 & 67.

Witness my hand at office Jan 9 1902

D. McCallister, Clerk

Shirley, Thomas

Last Will and Testament

 County Court Monday Aug. lst, 1887.

Ooltewah James County Tennessee.

Court was opened persuant to adjournment. Present and presiding, E. E. Clingan, Chairman. When the following proceeds were had and entered of record.

 

TO WIT:

A paper writing was presented in open court. Purporting to be the last will and Testament of Thomas Shirley, and four subscribing witnesses to the same. Having appeared in open Court, namely, J. L. Varnell, J. D. Shropshire, Hix Padget and Rufas Padget, and being duly sworn according to law deposed and said that they were acquainted with Thomas Shirley and that he specially called them to witness his signature and acknowledgement to the paper writing and that he was at the time of so doing of sound mind and disposing memory, and that the same was for his last Will and Testament. It is therefore ordered and directed by this Court that the same be admitted to probate and published as the last Will and Testament of Thomas Shirley (which is in the following words and figures.)

 

TO WIT:

 

Know all men by these presents, that I, Thomas Shirley of Ringgold in the County of Catoosa and state of Georgia, former being of sound disposing mind and memory, do make and publish this my last Will and Testament.

 

lst - I give and bequeath to my son James B. Shirley all of my estate, both real and personal of which I may be possessed at my death. With the following exceptions. To my grandson George O. Cate, Jr. I give and bequeath the sum of one hundred dollars.

 

2nd - I give and devise to my beloved wife Julia Ann a good and Comfortable support for life out of my estate.

 

3rd - I give and devise to my son James B. Shirley any and all estate[,] estate in lands or personally which I may acquire after date of this will after payment of my debts & legaciese.

 

4th - I ordain and appoint James B. Shirley as executor of this my last Will and Testament. In testimony where of I have here unto set my hand and seat and publish and declare this to be my last Will and Testament. In the presence of the Witnesses named below. This January 25th in the year 1873.

Thomas Shirley [seal]

Signed, sealed and declared by the said Thomas Shirley as and for his last Will and Testament in presence of us, who at his request, and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

A. J. Robert

W. S. Inman

W. L. Whitman

J. L. Varnell

J. D. Shropshire

Ferdinand Jett

This February 13th 1883

Dr. T. A. Esman

Hix Padget

Rufas Padget

 

I, Thomas Shirley do now and hereby make and declare this as a codicil or supplement to my present and subsisting Will Signed and dated by me on 25th day of January 1873 and duly and legally witnessed by A. J. Roberts, W. S. Inman and W. L. Whitman and which said Will is as follows.

 

TO WIT:

Will.

Know all men by these presents, That I, Thomas Shirley of Ringgold in County of Catoosa and state of Georgia. Former being of sound disposing mind and memory do make and publish this my last Will and Testament.

 

1st - I give and bequeath to my son James B. Shirley, all of my estate both real and personal of which I may be possessed at my death. With the following exceptions. To my grandson George A. Cate, Jr. I give and bequeath the sum of one hundred dollars.

 

2nd - I give and devise to my beloved wife, Julia Ann, a good comfortable support for life out of my estate.

 

3rd - I give and devise any and all estate in lands or personally, which I may acquire after day of this will and after payments of debts and legalies.

 

4th - I ordain and appoint James B. Shirley as executor of this my last Will and Testament.

 

In testimony where of I have here unto set my hand and seal and publish and declare this to be my last will and Testament in the presence of the witnesses named below this January 25th in the year 1873.

Thomas Shirley [seal]

 

Signed, sealed and delivered by the said Thomas Shirley as and for his last Will and testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

A. J. Roberts

W. S. Inman

W. L. Whitman

 

Terms of this Codical or Supplement are as follows:

lst My beloved wife Julia Ann, having died the said demise and bequest in her favor is revoked and recalled and in no sense is to be deemed or held a charge upon the land or other property bequeathed by my said Will above copied to James B. Shirley.

 

2nd I do in all other respects ratify and confirm said Will of which the above is a copy.

 

3rd I declare in addition to the Statements in said Will contained That the lands and real estate amended to be therein devised be mainly in James County, Tennessee and on and near the waters of Savannah Creek, and through which the road from Ooltewah in James County, Tennessee to Georgetown at the Meigs County line runs past, and being know as the Shirley lands and above which I once had a lawsuit in the Courts of the United States with Peter Monger and is now being occupied by Tennants, and embrace eight hundred (800) acres more or less. But my devise and bequest aforesaid to said James B. Shirley is not to be understood as limited and restricted to the said lands last above referred to; but is to be understood and is hereby espressly declared to include and embrace all the lands of which I may die over or possessed Situated in the County of James in the State of Tennessee and in any other County in said state and also to embrace any and all lands and personal property which I may own at my death in any county of the State of Georgia or any other state or Government where ever the same may be.

 

4th I also give and bequeath to my said son James B. Shirley all the moneys, notes, accounts and debts I may die owner or possessed where ever situated without regard to limits or boundries of State or County lines.

 

5th And if anything remains of my estate not embraced in the foreging [sic] provisions of this and the Original Will of 25th January 1873, I give and bequeath the same real personal and mixed rents, moneys chores in action and everything else to the said James B. Shirley. Absolutely and forever subject alone to the payment of all my just debts and the bequest of one hundred dollars to George O. Cate, Jr. It is proper to state I have in many years ago given to George O. Cate, Sr. father of of [sic] George O. Cate, Jr. all I think he or his child should have of my estate.

Signed and sealed byme as a supplement and Codicil to my Will of January 25, 1873. In presence of the witnesses whose names are signed as such below. This 20th day of August A.D. 1878.

Thomas Shirley [seal]

Signed and sealed by the said Thomas Shirley the testator as and for his supplement and Codicil to his will of January 25th 1873. In presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses hereto.

Maxley Ethridge

Robert G. Andrews

John W. Andrews

J. L. Varnell

J.D. Shropshire

Ferdinand Jett

This February 13th 1883.

Dr. T. A. Esman

Hix Padget

Rufas Padget

State of Tennessee

James County        

 

I, J. C. Heaton Clerk of the County Court of said County do hereby certify the above and foregoing eight pages of the attached instrument is a correct transcript and copy of the Original Will with Supplement or Codicil thereto attached of Thomas Shirley made and published as the last Will and testament of the said Thomas Shirley is the same appears of record in my office and the original also on file in my office.

Witness my hand and official seal at office in Ooltewah Aug. 2nd 1887.

J. C. Heaton, Clerk

State of Tennessee

James County 

I, J. A. Hall Clerk of the County Court of said County do hereby certify the above and foregoing eight pages of the attached instrument is a correct transcript and copy of the Original Will with supplement or Codicil thereto attached of Thomas Shirley made afrd [sic] published as the last Will and Testament of the said Thomas Shirley as the same appears of record in my office and the original also on file in my office.

Witness my hand and official seal at office in Ooltewah Aug 19th 1916.

John A Hall, Clerk

White, G. E.

Last Will and Testament of 

Last will and testament of G. E. White Dec'd

Chattanooga, Tenn Nov 3, 1910

 

I the undersigned do in this writing express my last will which is that at my death anything that I may be possessed both in real [and] personal property be given to my youngest surviving Sister.

G. E. White


[*Note: The following is found on a loose page inserted into the Will Book]


State of Tennessee}

James County}

In the county court of James County.

In the matter of the probate of the last will and testament of G.E. White, Deceased -

Before me E. C. Smith Chairman of the county of James County, Tennessee. Personaly appeared in open court O. F. Jones, J. E. Arms, G. E. Longley to me personaly known to be credible witnesses and who being firt duly sworn and examined by me and do depose and say that each knew G. E. White who died in Hamilton County, Tennnessee on March 19th 1917 for many years before his death that they had carefully examined the last will and testament dated Nov 3rd 1910 that said will and each word thereof are wholly in the hand writing of the deceased said will being found among his valuable papers that said writing appears to be the last will & testament that his name is subscribed to said will that the hand writing appears of said Deceased is and was well known by them personaly.


[reverse side of insert]

O. F. Jones

G.E. Longley

J. E. Arms


Sworned and subscribed to before me this 22 Sept 1917

E.C. Smith, Chairman


(The following letter is also found inserted in the Will Book pertaining to this will.]


O. F. Jones,

520 Temple Court Building.

Chattanooga, Sept, 19th, 1917.


Mr J. A. Hall,

County Court Clerk,

Ooltewah,Tenn.


My Dear Sir:-

I will be there Saturday next to attend to some business with you in your Office. Thought best to advise of my coming. I will not get to your office until in the after noon on account of waiting on some gentlemen who will meet me there between two and three O'clock.

Yours very truly,

O. F. Jones [signed]

 

James County, Tennessee Will Book Page 36

 

 

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