WILLS and DEEDS

of the

SLACK FAMILY of MONTGOMERY COUNTY




This extensive group of wills and deeds of the Slack Family were contributed by researcher Mary Slack Maynard. Mary tells us that "I have transcribed Beneagah (Benajah) Slack's will and deeds pertaining to the sale of parts of the Slack farm by his descendants. This property is located in the Sacandaga Patent and may also be of interest to the Fulton County site. Will of Beneagah Slack, Amsterdam 1818, Mortgage Deed, Benajah Slack (deed mentions Benajah and Benajah Jr) 1816, and deeds by which heirs sell property in the 1820s and early 1830s." For online visibility, names of signators have been set apart from the body of each document.

SLACK

Spelling is as found on the copies obtained from the Office of the County Clerk, Montgomery County, NY. There are some words I was not sure of. I transcribed them to the best of my ability.

Mary Slack Maynard
March 1999

NOTE: Information from the County Director, Fulton County, NY, lots 77 and 78 of the Sacandaga Patent are located in the present Town of Perth.


WILL OF BENEAGAH SLACK

Montgomery County, NY Wills, Book 3, page 125, 126

[Note: I assume the first two paragraphs relate to the will of Benajah Slack. They begin at the top of page 125]

administration of all and singular the said goods, chattels and credits, and also the auditing, allowing and final discharging the account thereof doth belong unto us; the administration of all and singular the goods, chattels and credits of the said deceased and any way concerning his will is granted unto Peter van Neste and William Rob Executors in the said will named; they being first duly sworn well and faithfully to administer the same, and to make and exhibit a true and perfect Inventory of all and singular the said goods, chattels and credits; and also to render a just and true account thereof when thereunto required.

In testimony whereof we have caused the Seal of Office of our said Surrogate to be hereunto affixed. Witness James Lansing Esquire Surrogate of the said County at Johnstown the first day of September in the year of our Lord one thousand eight hundred and eighteen, and of our independence the forty third.

James Lansing

In the name of God amane, I Beneagah Slack of the town of Amsterdam being week in body but of sound and perfit mind and memory, blesed by almighty God for the same, I do make and publish this my last will and testament in mannor and form following that is to say

First, I give and bequeaith unto my beloved wife Elisabath, one cow, one hors, and five sheep, one bed and bedding, and the use of another bed and bedding, and my dask, with the use of all the rest of my household furniture, and the west room of the house, whare I now live in, and seventy dollars yearly and every year while she remains my widow; the one bed and biding, the dask with all the household furneture to be given to my daughter Elisibath after the marige or death of my wife.

I do also give and bequeath to my oldest son William Slack one undevided third of all my reail esteate and all my close.

I do also give and bequeath to my daughter Elisabath one undevided third of all my reail esteate during hir natrael life, then to be my grand son Beneagah Fauls; and he is to pay his sisters Marey and An each fifty dollars out of the same.

I do also give and bequeath unto my two grand sons Roswell and Neathen Slack, the children of my sone Roswell Slack one undevided third of all my reail esteat each to have ane equel shair.

I further order and direct that the reast of my parsonly property not otherwise disposed of be equelly devided bitwen my son Beneagah Slack Bengaman Slack and the hairs of Joseph Slack and the hairs of Nathen Slack my sons.

I hereby apoint Peter Van Nist and William Rob Excutors of this my last will and testament, herby revoking all former wills by me made.

In witness whereof I have hereunto set my hand and seal this seventh day of May in the year of our Lord one thousand eight hundred and eighteen.

Baneagal Slack
His mark

Signed, sealed, published and declared by the above named Baneagah Slack to be his last will and testement in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator.

George Van Neste, David S. Wells, Samuel Case.

Be it remembered that on the first day of September in the year of our Lord one thousand eight hundred and eighteen, personally appeared before me James Lansing Surrogate of the County of Montgomery George Van Neste, David S. Wells and Samuel Case, who being duly sworn, severally dispose and say, that they saw Benajah Slack sign and seal and heard him publish and declare the written instrument as and for his last will and testament that the said Benajah Slack was at that time thereof, (according to the best of the judgment and belief of these deponents) of sound and disposing mind memory and understanding; and that these deponents respectively subscribed their names thereto, as witnesses to the execution thereof, in the presence of the said Benajah Slack the testator, and in the presence of each other.

James Lansing

The preceding are copies of the last will and testament of Benajah Slack deceased, of the certificate of the proof thereof, and of the letters testamentary thereon.
Registered the first day of September 1818.

James Lansing Surrogate

Be it also remembered that on the said first day of September last mentioned personally appeared before me the said Surrogate Peter Van Neste and William Rob, executors in the last will and testament of the said Benajah Slack deceased named, and were duly sworn as Executors.

James Lansing


MORTGAGE DEED--BENAJAH SLACK

Montgomery County, NY Mortgage Book 10, page 234

Mortgaged the twenty sixth day of February in the year of Our Lord one thousand eight hundred and sixteen By George Van Nest and Jean his wife of the county of Albany, State of New York to Benajah Slack of the County of Montgomery and state of New York for securing the payment of Two thousand dollars money of account of the United States. All that certain piece or parcel of land lying and being in the town of Amsterdam county aforesaid in a patent known and destinguished by the name of Sacandaga Patent being thenorthwesterly half of said lot excepting two small parcels out of said lot heretofore conveyed by said Benajah Slack Junr to Nathan Wells and Coonrad Barker the residue contains about one hundred and fifty acres the same as it is now possessed by the said Benajah Slack provided always and these presents are upon this express condition That if the said George Van Nest heirs executors and administrators do and shall well and truly pay or cause to be paid unto the said party of the second part his certain attoney or attanies heirs executors administrators or assigns the sum of two thousand dollars money of account of the United States of America in manner and form following Viz four hundred dollars on the fourth day of May in the year of our Lord one thousand eight hundred and seventeen and the interest thereon and the remaining sum of one thousand six hundred dollars in four equal annual payments there after with interest on each payment as it falls due in the manner particularly specified in the condition of a certain Bond or obligation bearing even date herewith executed by the said Parties of the first part to the said party of the second part that these and from thenceforth these presents and every thing herein contained shall cease and be void anything herein contained to the contrary notwithstanding. But in case default shall be made in the payment of all or any part of the principal sum of two thousand dollars or the interest thereof at the time or times when she same ought to be paid as aforesaid that then and in such case the said parties of the first part for their heirs executors and administrators do covenant grant promise and agree to and with the said party of the second part his heirs executors administrators and assigns that it shall and may be lawfull for the said party of the second part his heirs executors administrators or assigns at any time or times thereafter to sell and dispose of the said premises hereby granted or any part or parts thereof at Public Vendue to any person or persons whosoever and on such sale to make sign seal and deliver any deed or deeds of conveyance in the Law for the said premises or the part thereof so sold to the purchaser or purchasers his her or their heirs or assigns for ever and out of the monies arising from such sale or sales to keep and retain in his hand the said sum of Two thousand dollars or so much thereof or the interest thereof as shall be then due together with all costs charges or expenses that shall or may be due accrue arise or happen by reason or on account of such sale or sales and the over play money if there be any shall be paid to the said parties of the first part heirs executors administrator or assigns Said mortgage was on the day and date of these presents duly acknowledged by said mortgager before P. Brooks Junr Master in chancery for the State of New York and by him certified according to Law registered the 26th day of February 1816 at 4 O Clock p.m.

Jno M.Carthy clerk


WILLIAM SLACK

Montgomery County, NY Book 31, page 120 - 121

This indenture made the twenty second day of February in the year of our Lord one thousand eight-hundred and twenty between William Slack of the town of Middletown, county of Delaware and State of New York of the first part and John Voorhees of the town of Amsterdam, county of Montgomery and State aforesaid of the second part. Witnesseth that the said party of the first part for and in consideration of the sum of one hundred and eighty three dollars and seventy five cents current money of the United States to him in hand paid by the said party of the second party the receipt whereof is hereby confessed and acknowledged hath granted bargained, sold remised, released, aliened and confirmed and by those presents doth grant bargain sell remise release alien and confirm unto the said party of the second part, in his actual possession now being and to his heirs and assigns forever. All that certain piece or parcel of land lying and being in the town of Amsterdam, Montgomery county being a part of lot No. Seventy-eight in the Sacandaga Patent and is bounded as follows. Beginning at a stake standing on the line of Hugh Sanford and being the corner of lands laid out for two sons of Rosel Slack, deceased and run from thence north thirty degrees and thirty minutes West eighteen chains and thirty eight links to the public highway thence along the South side of the highway South seventy six degrees and thirty minutes East ten chains and forty seven links thence north eighty seven degrees & forty five minutes East one chain and Eighty five links to the gate and road leading to the dwelling house lately owned and possessed by Benajah Slack deceased thence South twenty degrees and thirty minutes East till it intersects the division line of the land of Rosel Slack thence along said line till it comes to the place of beginning containing twelve acres and one rood of land, the premises hereby granted is a part of the farm lately owned by Benajah Slack deceased and by his last will & testament devised to the said party of the first part. Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining and the reversion and reversions remainder and, and remainders, rents issues and profits thereof and also all the estate right title inherit claim or demand whatsoever of him the said party of the first part either in law or equity of in & to the above bargained premises and every part and parcel thereof. To have and tohold the said above mentioned and described premises to the said party of the second part his heirs and assigns to the sole and only forever use and benefit and behoof of the said party of the second part his heirs and assigns forever and the said party of the first part for himself his executors administrators & doth covenant grant promise and agree to and with the said party of the second part his heirs and assigns the above bargained premises in the quiet and peaceable possessions of the said party of the second part his heirs and assigns against all and every person or persons lawfully or equitably claiming or to claim the whole or any part thereof will forever Warrant and Defend. In witness whereof the said party of the first part hath hereunto set his hand and seal the day and year above written

William (x his mark) Slack (seal).

Sealed and delivered in the presence of Eleazer Taft.
Jas Cushney.

State of New York Montgomery County.
On the twenty second day of February in the year of our Lord one thousand eight hundred and twenty came before me William Slack to me personally known who acknowledged he had signed sealed and delivered the within deed as his voluntary act and deed for the uses and purposes therein mentioned. I having examined the same and finding therein no material alterations erasures & do allow the same to be recorded. James Cushney a comissioner for taking the acknowledgement of deeds.

Recorded the 30th April 1832 at 11 Oclock A. M.
Geo: D. Ferguson, Clerk


ALDEN AND BARBARA LOWDEN

Montgomery County, NY Book 31, page 122 - 124

This indenture made the thirty-first day of August in the year of our Lord one thousand eight hundred and twenty six between Alden Lowden and Barbara his wife of the town of Amsterdam and county of Montgomery of the first part and John Voorhees of the town and county aforesaid of the second part, Witnesseth that the said parties of the first part for and in consideration of the sum of twenty eight dollars money of account of the United States, to them in hand paid by the said party of the second part receipt whereof is hereby confessed and acknowledged. Have granted, bargained, sold, remised, released, aliened and confirmed and by these presents to grant, bargain, sell, remise, release alien and confirm unto the said party of the second part and to his heirs and assigns forever all that certain piece orparcel of land lying and being in the town of Amsterdam aforesaid and bounded as follows on one side by the lands of Hugh Santford on another side by lands of Benjamin Fall on the road on another side and on the land of said John Voorhees on the other side which will include eight acres ofland bought by said John Voorhees of Susan and Sally Slack sisters of the Barbara and two acres and two roods and twenty eight perches of land which two acres and two roods and twenty eight perches being intended to be conveyed by this indenture are the undivided share of said Barbara. Together with all and singular the hereditarments and appurtenances thereunto belonging to, or in any wise appertaining and the reversion and reversions remainder and remainders rents, issues and profits thereof and all the estate right title, interest claim and demand whatsoever of the said parties of the first part either in law or equity of and to the above bargained premises with the said hereditarments and appurtenances. To have and to hold the said lands, tenements hereditaments, rights and privileges above mentioned granted and described and every part and parcel thereof to the said party of the second his heirs and assigns to the sole and only proper use benefit and behoof of the said party of the second part, his heirs and assigns forever. And the said parties of the first part, for their heirs, executors and administrators do covenant, grant, bargain, promise and agree to and with the said party of the second part his heirs and assigns, do Warrant and forever to Defend the above bargained premises and every part and parcel thereof, now being in the quiet and peaceable possession of the said party of the second part against the said parties of the first part their heirs, executors, administrators and assigns and against all and every person or persons claiming or to claim the said premises or any part thereof. In witness whereof the said parties of the first part have hereunto set their hands and seals the day and year first above written,

Alden Lowden (seal),
Barbara (x her mark) Lowden (seal).

Sealed and delivered in presence of Marquis Barns, State of New York Montgomery County, Be it remembered that on the thirty first day of August in the year of our Lord one thousand eight hundred and twenty six Alden Lowden and Barbara his wife both to me personally known personally appeared before me and the said Alden acknowledged the execution of the within indenture to be his voluntary act and deed and the said Barbara also on aprivate examination separate and apart from her husband acknowledged theexecution of said indenture to be her voluntary act and deed without fear of compulsion from her husband or any other person having examined the said Indenture and finding no material erasures or interlineations. I do allow the same to be recorded, Zebulon Cook Commissioner Vc

Recorded 30th April 1832 at 11 Oclock A.M.
Geo. D. Ferguson


SUSANNAH SLACK

Montgomery County, NY Book 31, pages 124 - 125

This Indenture, made the seventh day of February in the year of our Lord one thousand eight hundred and twenty two between Susannah Slack of the town of Amsterdam county of Montgomery and State of New York of the first part, and John Voorhees of the town and county aforesaid of the second part, Witnesseth, that the said party of the first part, for and in consideration of the sum of thirty five dollars money on account of the United States to her in hand paid by the party of the second part wherewith the said party of the first part doth hereby declare herself satisfied and paid hath and by these presents doth grant, bargain, sell, alien, release, convey and confirm unto the said party of the second part and to his heirs and assigns all that certain piece or parcel of land lying and being in the town aforsaid in lotts No. seventy seven & seventy eight in a patent known and distinguished by the name of Sacandaga patent being the one equal undivided twelfth part of forty seven acres of land willed to Rosel Slack & Nathan Slack sons of Rosel Slack deceased by Benajah Slack late of the town aforesaid deceased and of the farm lately owned and occupied by said Benajah Slack deceased therefore the right hereby intended to be conveyed is according to the survey and partition thereof made by James Cushney & others in the right of Rosel Slack Jr. Deceased to which the said party of the first part is entitled to the above mentioned share as an heir at law. Together with all and singular the rights, members and privileges to the same belonging or in any wise appertaining and the reversion and reversions remainder and remainders, rents issues and profits thereof, and all estate right title, interest, property possession, claim and demand, both in land and equity of the said party of the first part of in and to the same. To have and to hold the said tract of land and premises with the appurtenances unto the said party of the second part, his heirs and assigns to the sole and to his [indecipherable word inserted] only proper use benefit and behoof for ever. And the said party of the first part dot for herself her executors and administrators, covenant and agree to and with the party of the second part his heirs and assigns, that she is the true and lawful owner of the said tract or parcel of land and premises with the appurtenances, and is lawfully seized in her own right of a perfect, absolute and indefeasible estate of inheritance in fee simple of and in all the said premises with the appurtenances and hath in her good right full power and lawful authority to grant and convey the same in mannor aforesaid, and also that he the said party of the second part, his heirs and assigns shall and may forever hereafter peaceably have, hold, occupy and possess the said granted premises free from the hindrance or molestation of any person or persons lawfully claiming the same, And that she the said party of the first part and her heirs, the said parcel of land and premises unto the said party of the second part his heirs and assigns against all claims and demands whatsoever shall and will Warrant and for every by these presents Defend. In witness whereof the party of the first part has hereunto set her hand and seal the day and year first above written.

Susannah (x her mark) Slack (seal)

sealed and delivered in presence of Evert A. Vanalen, James Cushney, State of New York Montgomery County.

On the seventh day of February in the year of our Lord one thousand eight hundred and twenty two personally came before me James Cushney a commissioner for taking the acknowledgment of deeds to the within named Susannah Slack named as the granter in the within deed and to me known as the grantor who acknowledged she had executed the same as her voluntary act and deed for the uses and purposed therein mentioned. Having examined the same and finding therein no alteration interlineations or erasures do allow the same to be recorded.

James Cushney Commissioner Vc

Recorded 30th April 1832 at 11 O.Clock A.M.
George D. Ferguson, Clerk


ALDEN AND BARBARA LOWDEN

Montgomery County, NY Book 31, pages 125 -126

This Indenture, made the seventh day of September in the year of our Lord one thousand eight hundred and twenty six between Alden Lowden and Barbara his wife of the town of Amsterdam county of Montgomery and State of NewYork of the first part, and John Voorhees of the town and county aforesaid of the second part, Witnesseth, that the said party of the first part, for and in consideration of the sum of thirty six dollars money of account of the United States to him in hand paid by the party of the second part the receipt whereof is hereby confessed and acknowledged hath graned, bargained, sold, remised, released , aleined and confirmed and by these presents doth grant, bargain, sell, remise, release, release, alien and confirm unto the said party of the second part in his actual possession now being and to his heirs and assigns forever All that certain piece or parcel of land lying and being in the town aforsaid in the Sacandaga Patent in Lot No. seventy seven & seventy eight in said patent being the one equal undivided fore acres of land out of thrity seven acres of land willed to Rosel Slack & Nathan Slack sons of Rosel Slack deceased by Benajah Slack late of the town aforesaid deceased out of the farm lately owned andoccupied by said Benajah Slack deceased therefore the right hereby intended to be conveyed is according to the survey and partition thereof made by James Cushney & others in the right of Rosel Slack Jr. deceased to which the said party of the first part is intitled to the above mentioned share as an heir at law. Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining and the reversion and reversions remainder and remainders, rents issues and profits thereof, and all the estate right title, interest, claim whatsoever of theparty of the first part either in law or equity of in and to the above bargained premises with the said hereditaments and appurtenances. To have and to hold the said premises above mentioned and described to the said party of the second part his heirs and assigns to the sole and only use benefit and behoof of the said party of the first part himself, his heirs executors and administrators doth covenant, grant, promise and agree to and with the party of the second part his heirs and assigns, the above bargained premises in the quiet and peaceable possession of the said party of the second part his heirs and assigns against all and every person or persons lawfully or equitably claiming or to claim the while or any part thereof will forever Warrant and defend In witness thereof the said partyof the first part hath hereunto set his hand and seal the day and year first above written.

Alden Lowden (seal) Barbara (x her mark) (seal).

Sealed and delivered in the presence of the words bung and the between the twenty first and twenty second line is erased also the words their unto belonging or in any wise appertaining interlined before acknowling between the thirty second and thirty third.

John McGinnis, James Rob State of New York

On the seventh day of September in the year one thousand eight-hundred and twenty six before me Alden Lowden and Barbara his wife to me known they severally acknowledged to have duly executed the within conveyance for the uses and purposed therein mentioned and the said Barbary on a private examination separate and apart from her husband confessed that she had fully and voluntarly executed the same on her part without any fear threat or compulsion of her said husband having examined the same and finding therein no alteration but those noted I do allow the within to be recorded.

James Rob Commissioner Vc

Recorded 30th April 1832 at 11 O.Clock A.M.
George D. Ferguson, Clerk


NATHAN SLACK

Montgomery County, NY Book 24, page 477

This Indenture made the third day of May in the year of our Lord one thousand eight hundred and twenty eight between Nathan Slack of the town of Amsterdam, County of Montgomery and State of New York of the first part, and John Voorhees of the town and county aforesaid of the second part. Witnesseth that the said party of the first part for and in consideration of the sum of Two hundred and fifty dollars, money of account of the United States to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, Hath granted, bargained, sold, remised, released, aliened and confirmed and by these presents Doth grant, bargain, sell, remise, release, alien and confirm unto the said party of the second part (in his actual possession now being) and to his heirs and assigns forever, all that certain piece or parcel of land lying and being in the town and county aforesaid in a patent known and distinguished by the name of Sacandaga Patent and is part of lots No. seventy seven and seventy eight in said patent, being all the right and title and interest of the said party of the first part, that he has in the farm known by the Slack farm said to contain twenty five acres and twenty three perches of land. The same as the said party of the second part now occupies the same. Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining and the reversion and reversions, remainder and remainders rents issues and profits thereof: and also all the estate, right, title interest claim or demand whatsoever of the said party of the first part, either in law or equity of in and to the above bargained premises with the said hereditaments and appurtenances. To have and to hold the said above mentioned and described premises with the appurtenances unto the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever. And the said party of the first part, for himself, his heirs, executors and administrators doth covenant, grant, bargain, promise and agree to and with the said party of the second part, his heirs and assigns the above bargained premises in the quiet and peaceable profession of the said party of the second part, his heirs and assigns against all and every person or persons lawfully or equitably claiming or to claim the whole or any part thereof will forever warrant and defend. In witness whereof, the said party of the first part, hath hereunto set his hand and seal the day and year first above written

Nathan Slack [indecipherable]

Sealed and delivered in the presence of Evert Van Neste, James Cushney State of New York.

On the fifth day of May in the year one thousand eight hundred and twenty eight before me came Nathan Slack to be known to be the within grantor who acknowledged to have duly executed the within conveyance for the uses and purposed therein mentioned, having examined the same and finding therein noalterations I do allow the within to be recorded.

James Rob, Commissioner Vc
Recorded 19th May 1928 at 11 O Clock A.M.    Geo: D. Freguson, Clerk


DAVID S. AND ELIZA FOUNTAIN

Montgomery County, NY Book 42, page 113 - 114

This Indenture made the first day of November in the year of our Lord one thousand eight hundred and thirty between David S. Fountain and Elisa his wife of the town of Wells County of Montgomery and the state of New York of the first part and John H. Van Nest of the town of Amsterdam and county aforesaid of the second part. Witnesseth that the said parties of the first part for and in consideration of the sum Forty Dollars good and lawful money of the united States to them in hand paid by the said party of the second part the receipt whereof is hereby confessed and acknowledged have granted, bargained, sold, revised, released and confirmed unto the said party of the second part. And by these presents do grant, bargain, sell, remise, release, alien and confirm unto the said party of the second part, in his actual possession now being and to his heirs and assigns for ever. All that certain piece or parcel of land lying and being in the town of Amsterdam, county aforesaid in a Patent known and distinguished by the name of Sacondaga Patent being part of Lotts No. Seventy eight and seventy seven in the subdivision of said patent and being the one equal sixth part of the right of Roswell Slack Junr deceased and which said lott his adjoining the farm now owned and occupied by John H. Van Nest said to contain four acres according to a division of said farm made by James Cushney. Together with all and singular the hereditaments and appurtenances thereunto belonging and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate right, title, interest, claimor demand whatsoever of the said parties of the first part, either in law or equity of in and to the above bargained premises and every part and parcel thereof. To have and to hold, the said above mentioned and described premises with the appurtenances thereunto belonging to the said party of the second part, his heirs and assigns and to the sole and only proper use, benefit and behoof of the said party of the second part, his heirs and assigns forever. And the said parties of the first part for themselves and their heirs do covenant, grant, promise and agree to and with the said party of the second part his heirs, executors, administrators and assigns, the above bargained and described premises in the quiet and peaceable possession of the said party of the second part, his heirs, executors, administrators and assigns will forever warrant and defend by these presents. In witness whereof, the aid parties of the first part have hereunto set their hands and seals the day and year first above written

David L. Fountain (Seal),
Elisa (x her mark) (Seal).

Sealed and delivered in the presence of Abraham Putnam, James Cushney, State of New York on the first day of November in the year of our Lord one thousand eight hundred and thirty personally appeared before me First Judge of Montgomery County Court in said state David sl. Fountain and Elisa fountain and they severly acknowledged to me that they had freely executed the foregoing the said Elisa on a private examination apart from her husband and she acknowledged to me that she had executed the same not only freely but without and fear or compulsion of her husband. At the same time personally appeared before me James Cushney to me personally known and who was by me duly sworn to me he testified that he is personally acquainted with the said David and Elisa and knows them to be the foregoing granters. I am therefore satisfied that the said David and Elisa are the individuals mentioned in described and intended by the foregoing conveyance and that they have freely and duly executed the same.

Arron Haring. Recorded July 18 1857 at 2 OClock P.M.
Geo:D Ferguson, Clerk




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