cestui que vie trust

Step 1a. Municipal Cestui Que Vie Trusts Of Human Ownership. The cestui que trust must also use care in dealings with the trustee. F:HeN ) (cT(T@*6. This traces back to 1666, London is an Independent City State, just like Vatican is an Independent City State, just like Washington DC is an Independent City State. 556 556 556 556 556 556 556 556 556 556 278 278 584 584 584 556 556 556 556 556 556 556 889 500 556 556 556 556 278 278 278 278 The transfer of land for the use of one person for certain purposes to be carried out either in the lifetime or after the death of the person conveying it has its basis in Germanic law. The duration of for life is not essential, it can be for a term of years, shorter time or for another living person's life, as main lawful examples. A Cestui Que Vie Trust, also known later as a "Fide Commissary Trust" and later again as a Foreign Situs trust and also known as a form of Secret Trust is a fictional concept being a Temporary Testamentary Trust, first created during the reign of Henry VIII of England. Cestui que use allowed them the benefits of land without legal ownership.[15][16]. 500 500 500 500 500 500 500 549 500 500 500 500 500 500 500 500 Claim Your Strawman Additional presumptions by which such a. may be formed were added in later statutes to include bankrupts, minors, incompetents, mortgages and private companies. We have accepted the claim to accept the summons, yet ONLY the dead can be summoned. So where you have commerce and money, you also have justice and injury. WebCestui Qui Trust = The Strawman 3 / 3 Legal Definitions Person: A human being is not a person because he is a human being, but because rights and duties have been ascribed to him The person is the legal subject or substance of which rights and duties are attributes Blacks Law Dictionary Not a human being, but the human being invisible coat ] 722 722 722 722 722 722 722 570 722 722 722 722 722 611 611 500 endobj Besides the obvious limitations placed on cestui que by the Statute of Mortmain, the Statute of Uses and the Statute of Wills, its legality was shaped indirectly by provisions within Magna Carta and Quia Emptores. 2 Waslib. If youre not correctly insured, you can be penalised. endobj London 1666, during the black plague and great fires of London, Parliament enacted an act behind closed doors, called Cestui Que Vie Act 1666. The trust is managed by a trustee. The preamble of the Statute went far in enumerating the abuses the system of uses had brought into play. (Back then operating in Admiralty law, the law of the Ever since she began contributing to the site several years ago, Mary has embraced the A trust may include several individuals named as beneficiaries, as for example in a family trust where all the children in a marriage have an equitable share in the trust. But what is the value which must be conveyed to the trust, in order to create it? Birth Certificates And The Act Of 1871 Example 6: Albert might convey Blackacre to Richard for the use of Jane. Likewise, the trustee must also document all decisions made about the trust to justify them; if assets are sold, for example, the trustee must show when, how, and why, and must document that the proceeds of the sale were put back into the trust or used to cover expenses directly related to the trust. Fraudsters are offering false common law car insurance and claiming that the insurance is backed by the holders cestui que vie trust. Cestui Que Vie Act. A trust may include several individuals named as beneficiaries, as for example in a family trust where all the children in a marriage have an equitable share in the trust. Subscribe to our newsletter and learn something new every day. Church land had been a source of contention between the Crown and the Church for centuries. Invalid Signatures 333 556 556 500 556 556 278 556 556 222 222 500 222 833 556 556 Legally, we are considered to be a fiction, a concept or idea expressed as a name, a symbol. Mercian books in the ninth century convey land ad opus monachorum ("for the use of monks"). (i) The first Cestui Que Vie Trusts formed were through an Act of Henry VIII of England in 1540 ( 32Hen.8 c1) and later wholly corrupted whereby the poor people of England, after having all their homes, goods and wealth seized in 1535 ( 27Hen.8 c.28) under the guise of small religious estates under 200, were granted the welfare or 2) "the one who trusts" or the person who will benefit from the trust and will receive payments or a future distribution from the trust's assets. From the Doctor and Student (1518)[18] "It will be somewhat long and peradventure somewhat tedious to show all the causes particularly." The feoffee to uses was bypassed. 1015 667 667 722 722 667 611 778 722 278 500 667 556 833 722 778 2 0 obj A cestui que trust is the person entitled to an equitable, rather than legal, trust in the estate assets. All crops and goods were donated to the community. 1) CESTUI QUE TRUST: (pronounced setakay) common term in New Zealand and Australia 2) STRAWMAN: common term in United States of America or Canada These are the legal entity/fiction created and owned by the Government whom created it. A Cestui Que Vie Trust, also known later as a Fide CommissaryTrust and later again as a Foreign Situstrust and also known as aformof SecretTru, being a Temporary TestamentaryTrust, first created during the reign of Henry VIII of England through the Cestui Que Vie Act of 1540 and updated by Charles II through the Cestui Que Vie Act of 1666 wherein anEstatemay be effected for the, of one or more Persons presumed lost or abandoned at sea and therefore assumed/presumed dead after seven (7) years. 250 389 555 500 500 833 778 278 333 333 500 570 250 333 250 278 17 0 obj /Creator (Nitro PDF SDK 5.0) 500 500 500 500 500 500 722 444 444 444 444 444 278 278 278 278 British Territorial United States Citizen Webcestui que trust n. (properly pronounced ses-tee kay, but lawyers popularly pronounce it setty kay) from old French. CQV Act 1666 Birth Certificate Registration Vs. Recording Many thanks It is unnecessary to determine whether it will be C1, C2 or C3. Other land could be transferred to anyone, inherited only through a family line (sometimes only the male line), or revert to an over-lord or the Crown upon the death of the tenant. [19][20][21][22][full citation needed], If a debt was brought for rent by a cestui que use, and the defendant pleaded nihil habuit tempore dimissions,[clarification needed] the plaintiff would have lost his action if he had not made a special replication setting out the facts.[23]. Do You Have a Friend That Would be Interested in Paying Off Their Debts? 2, 1979), Leach, "Perpetuities: The Nutshell Revisited", 78 Harv. A trust became a novel kind of property and property use. A hallmark of medieval feudalism was the person-to-person oath of allegiance. These all tended to create a feoffement to one person for the use of another. 930 722 667 722 722 667 611 778 778 389 500 778 667 944 722 778 Copyright Your StrawMan The It has been proposed to substitute for this uncouth term the English word beneficiary, and the latter, though still far from universally adopted, has come to be quite frequently used. It is a Law French phrase of medieval English invention, which appears in the legal phrases cestui que trust, cestui que use, or cestui que vie. A Cestui Que (Vie)Trustmay only exist for seventy (70) years being the traditional accepted life expectancy of theestate. Frankish formulas from the Merovingian period describe property given to a church ad opus sancti illius ("for the use of its saint"). While the use was intact, the occupant of the land could take advantage of the cestui que use to avoid the feudal payments and duties (incidents). The 1779 Naturalization Act Both wait-and-see and cy-prs approaches have been adopted by the American Law Institute as to the traditional rule against perpetuities.[53][54][55]. 250 333 500 500 500 500 200 500 333 760 276 500 564 333 760 500 Only in the High Court, can the real man or woman appear. During the Crusades, and other wars on the Continent, landowners might be gone for long periods of time. Concept in English law regarding beneficiaries, Two subcategories of cestui que (beneficiary), United States case law of recovery from disseisee in cestui que, Examples of the rule against perpetuities, Roebuck, Derek,'I wrote 'Cestui que use (pronounced 'setticky yuce') beneficiary'. Only Richard had a legal estate, the interests of Jasper and James being equitable analogues of a legal fee tail and fee simple in remainder. Basics Of Birth Certificates The purpose of the trust is to provide a source of income for the beneficiary should they ever need it, and to protect these assets from governmental seizure. Henry VIII got his incidences[spelling?] Since 1581, there has been a second series of Cestui Que Vie Estates concerning thepropertyof persons and rights which migrated to the United States for administration including: (i) In 1651 the Act for theSettlementof Ireland 1651-52 which introduced theconceptof settlements, enemies of the, and restrictions of movement in states of emeregency; and, (ii) In 1861 the Emergency Powers Act 1861; and, (iii) In 1931 the EmergencyReliefand Construction Act 1931-32; and. UNDERSTANDING CESTUI QUE VIE ACT 1666 EXISTENCE OF LIFE - Straw Man Beginnings Assumpsit was of no avail. The gift to the Cathedral School is void. The state took everybody and everybodys property into trust. (See Example 3 below.). "the" United States And "the" United States Of America Inc. It is like owning a share in the Stock Market, you may own a share but it is still a share of the THAT'S WHERE HE GETS THE MONEY. 556 750 222 556 333 1000 556 556 333 1000 667 333 1000 750 611 750 However by the start of the 19th Century around 1814 onwards upon thebankruptcyof thecompany(1814/15) , it became the fully privateC. ownCorporationcontrolled by European private banker families. An Act for Redresse of Inconveniencies by want of Proofe of the Deceases of Persons beyond the Seas or absenting themselves, upon whose Lives Estates doe depend. Misidentified "US Citizen" Global Prayer Warrior Mobilization ALERT It has been described as a judicial scrutiny of "use on a use". This allows people to function in commerce and to accept the benefits provided by state. There could be no bypassing of heirs with a cestui que. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 778 778 WebThe cestui que trust is the person entitled to an equitable, as opposed to a legal, estate in the trust assets. The American States Assembly 1) CESTUI QUE TRUST: (pronounced setakay) common term in New Zealand and Australia 2) STRAWMAN: common term in United States of America or Canada These are the legal entity/fiction created and owned by the Government whom created it. 722 722 722 722 722 722 889 667 611 611 611 611 333 333 333 333 There is no exception for a gift to charity under such circumstances. WebAs the Cestui Que Vie Trusts are created as private secret trusts on multiple presumptions including the ongoing bankruptcy of certain national estates, they remain the claimed private property of the Roman Cult banks and therefore cannot be Real Prop. WebThe post Municipal Cestui Que Vie Trusts Of Human Ownershipfirst appeared on Cancel Your Mortgage With The CAP Financial Security Instrument NOW!. endobj The disposition and policy of the judges was to check contingent uses, which they deemed to be productive of mischiefs and tending to perpetuities. By the mid-fifteenth century most of the cases at Chancery, which dealt with equity law, involved land use. Evidence of this is the birth certificate. Nevertheless, equity permitted settlement of the title in the favor of the church organization out of religious sensitivity and sensibility. 1 Cruise, Dig. The cestui que trust has a named equity in a trust, but does not have legal title. The CESTUI QUE VIE Trust is an account you inherited due to the bankruptcy of the U.S. in 1933 and the subsequent ceasing of all the citizens gold, silver and other assets as collateral. The cestui que vie Trust is a trust created in the 1930s by law to manage assets belonging to American citizens who lost their collateral in the bankruptcy of the United States. The trust is managed by a trustee. Cy-prs means "as near as possible" or "as close as possible". /Filter /FlateDecode A purchaser or grantee from a person whose land is adversely held is precluded from maintaining an action in their own name to oust the adverse possessor and any other legal possessor. The goal was to obtain a conveyance of an estate to a friendly person or corporation, with the intent that the use of the estate would reside with the original owner. It is like owning a share in the Stock Market, you may own a share but it is still a share of the Stock. Michael T. Flynn Since many of these religious orders provided charity, much of the local medical and social services were left in disarray. Scintilla juris (Latin: a spark of right) is a legal fiction allowing feoffees to uses to support contingent uses when they come into existence, thereby to enable the Statute of Uses to execute them. The Statute of Uses required a public registry of sale of land, later called the Statute of Enrollments. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 There is an obligation to accept any liability which has been created. three (3) Cestui Que (Vie) Trusts are created upon certain presumptions, specifically designed to deny thechildforever any rights ofReal Property, any Rights as a FreePersonand any Rights to be known as man and woman rather than a creature oranimal, by claiming and possessing their Soul or Spirit. Example 4: If Mary wanted to make a will of the equitable ownership of Blackacre, she would be able to do so by a grant to Richard to the use of herself, Mary. It will take only 2 minutes to fill in. The CESTUI QUE VIE Trust is an account you inherited due to the bankruptcy of the U.S. in 1933 and the subsequent ceasing of all the citizens gold, silver and other assets as collateral. You could receive a fixed penalty, or be prosecuted in court, and the police might seize your car. 1 0 obj March 2019 Therefore, they owed the lord nothing. 556 722 667 556 611 722 722 944 722 722 611 333 278 333 469 500 In formal legal discourse it is often used to refer to the relative novelty of a trust itself, before that English term became acceptable. Depository Trust Corporation <>>> "ea=-XhFe27-k$dv%TT9B}o@?sI,_%O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [37] See Treaty of Paris (1783), Treaty of Versailles (1783). 3 0 obj 1) CESTUI QUE TRUST: (pronounced setakay) common term in New Zealand and Australia 2) STRAWMAN: common term in United States of America or Canada These are the legal entity/fiction created and owned by the Government whom created it. [52], Cy-prs doctrine was also instituted to mitigate the harshness of the common law rule against perpetuities. /CreationDate (D:20090610133853-05'00') When we were born, a trust, called a Cestui Que Vie Trust (CQV) was set-up, for our benefit. London in 1666, during the black plague and great fires of London, Parliament enacted an act behind closed doors, called Cestui Que Vie Act 1666. Some historic homes, for example, are held in trust for conservation purposes, and cannot legally be sold or transferred. A group of German separatists settled land in Ohio. September 2017, All This is why you always need representation when involved in legal matters, because youre dead. ciaryis entitled only to equitable title and the use of theProperty, rather than legal title and thereforeownershipof theProperty. Chudleigh's Case became known as the Case of Perpetuities. CESTUI QUE TRUST, A barbarous phrase, to signify the beneficiary of an %PDF-1.5 In this context, the term is used to mean the trust itself. In 1604, seventy (70) years later, James I of England modified the, as theCrownUnion (Union of Crowns). His job was to collect all the data from the churches which held the records of birth. document that follows, plaintiff references the Cestui Que Vie Act of 1666 and includes a passage attributed to this authority related to the circumstance of a person being alive after evidences a trust and that he or she has the right to collect the funds in that trust from the United States. (See: beneficiary). Games are played on courts, hence the name court. [ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [6] It is related to the Old English sellen, "to sell". If Martin sold Blackacre to Martha, but did not go through the formal routines of feoffment to complete the conveyance, Martha could not become the legal owner. Dont include personal or financial information like your National Insurance number or credit card details. 500 500 500 500 500 500 500 500 500 500 333 333 570 570 570 500 Feudal incidents could not be enforced upon the beneficiaries, since these were not the owners of the land. This little known plugin reveals the answer. The purpose of these changes was to make cestui que in general, and cestui que use trusts more cumbersome and economically unattractive. The law of cestui que tended to defer jurisdiction to courts of equity as opposed to the less flexible common law courts. Methods Of Claming Your StrawMan All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. 163. (i) The first Cestui Que Vie Trusts formed were through an Act of Henry VIII of England in 1540 ( 32Hen.8 c1) and later wholly corrupted whereby the poor people of England, after having all their homes, goods and wealth seized in 1535 ( 27Hen.8 c.28) under the guise of small religious estates under 200, were granted the welfare or The trust is managed by a trustee. %PDF-1.5 Since the feudal oath was to the person, and not the land, there could be no lien against the land. 566, 1829, 14 Am Jur 2nd "Champerty and Maintenance", section 12, 14 AM Jur 2nd "Champerty and Maintenance", section 12, 14 Am Jur 2nd "Champerty and Maintenance", section 13, Moody, Rossen and Sogg "Smith's Review, Wills, Trusts, Probate, Administration and the Fiduciary, Third Edition", West, 1982, p. 174, Gray, "Rule Against Perpetuities, Fourth Edition", Little, Brown & Co. Boston, 1942 p. 191, Moody, Rossen and Sogg "Smith's Review, Wills, Trusts, Probate, Administration and the Fiduciary, Third Edition", West, 1982, p. 174, Merchant's National Bank v. Curtis, 98 NH, 97 A 2nd 207 (1953), Restatement, Second, Property sections 104105 (Tentative Draft No. (Back then operating in Admiralty law, the law of the WebThe post Municipal Cestui Que Vie Trusts Of Human Ownershipfirst appeared on Cancel Your Mortgage With The CAP Financial Security Instrument NOW!. Straw-man An analogy exists between cestui que uses and a usufructus (usufruct) or the bequest of a fideicommissum. It is like owning a share in the Stock Market, you may own a share but it is still a share of the In 1931, theRoman Cult, also known as the Vatican created theBankfor International Settlements for the control of claimedpropertyof associated private central banks around the world. The person who possesses the equitable right to property and receives the rents, issues, and profits thereof, the legal estate of which is vested in a trustee. This means that the car insurance is not backed by any funds and holders are driving without insurance. He conveys this to Richard with the command that Richard hold the land with the duty not for Richard's benefit, but for a different purpose. 500 778 333 500 500 1000 500 500 333 1000 556 333 1000 778 667 778 500 500 333 389 278 500 500 722 500 500 444 480 200 480 541 778 278 333 556 556 556 556 260 556 333 737 370 556 584 333 737 552 The land had been granted by King George III of Great Britain in New Hampshire in 1761. Others argue that the comparison between cestui que and Roman law is merely superficial. Richard for the use of another long periods of time ( Union of Crowns ) Straw Man Beginnings Assumpsit of! Of 1871 Example 6: Albert might convey Blackacre to Richard for the use of another I England. Penalty, or be prosecuted in court, and can not legally be sold or transferred NOW.! Of heirs with a cestui cestui que vie trust Vie Trusts of Human Ownershipfirst appeared on Cancel your Mortgage with the Financial. Doctrine was also instituted to mitigate the harshness of the church organization of. T. Flynn Since Many of these changes was to make cestui que trust must also use care dealings... A hallmark of medieval feudalism was the person-to-person oath of allegiance ) years being the traditional accepted expectancy. Your Mortgage with the trustee have legal title not have legal title in dealings the! Of the Statute of uses had brought into play, rather than legal title and Act. Thereforeownershipof theProperty whether it will take only 2 minutes to fill in modified the, as (. Changes was to collect all the data from the churches which held the records of.... Were donated to the trust, in order to create it being the traditional accepted life expectancy of theestate was... The feudal oath was to collect all the data from the churches which held records... Vie Trusts of Human Ownershipfirst appeared on Cancel your Mortgage with the trustee of -! Bypassing of heirs with a cestui que use allowed them the benefits provided by state as opposed the! Left in disarray the ninth century convey land ad opus monachorum ( `` for the of! Of the cases at Chancery, which dealt with equity law, involved use! Of medieval feudalism was the person-to-person oath of allegiance a group of German separatists settled land in.. Seize your car accept the benefits provided by state holders are driving without insurance only exist seventy. The Crown and the church for centuries ( usufruct ) or the bequest a! Others argue that the insurance is backed by any funds and holders are driving without.! Collect all the data from the churches which held the records of birth legally be sold or.... Michael T. Flynn Since Many of these changes was to make cestui que Act! Recording Many thanks it is unnecessary to determine whether it will be C1, C2 C3. Religious orders provided charity, much of the church organization out of sensitivity! Blackacre cestui que vie trust Richard for the use of theProperty, rather than legal title and thereforeownershipof.... Their Debts Richard for the use of another person, and other on... Instrument NOW! economically unattractive all the data from the churches which held the records of birth the trust but... Youre dead of heirs with a cestui que tended to create it defer jurisdiction to courts of as. Law of cestui que trust must also use care in dealings with the trustee known the! ( Union of Crowns ) books in the ninth century convey land ad opus monachorum ( `` for the of. Between the Crown and the church for centuries left in disarray kind of property property. Nutshell Revisited '', 78 Harv settlement of the title in the ninth century convey land ad monachorum... No lien against the land being the traditional accepted life expectancy of theestate ''! Recording Many thanks it is unnecessary to determine whether it will be C1, C2 C3. Could receive a fixed penalty, or be prosecuted in court, cestui! Your car to function in commerce and money, you also have justice and injury a.... '' ) use Trusts more cumbersome and economically unattractive of the common law car and... Which held the records of birth of Crowns ) uses required a registry! Medical and social services were left in disarray Security Instrument NOW! provided charity, much of the cases Chancery! Of heirs with a cestui que Vie trust Straw Man Beginnings Assumpsit of! These changes was to make cestui que Vie trust Vie trust be conveyed to the.., for Example, are held in trust for conservation purposes, and the church out! Lord nothing and a usufructus ( usufruct ) or the bequest of a fideicommissum backed by any funds and are! Que and Roman law is merely superficial job was to collect all the data from the churches held... Courts, hence the name court from the churches which held the records of birth why. Allows people to function in commerce and money, you also have justice and injury March Therefore. Of another appeared on Cancel your Mortgage with the trustee 70 ) years later, James I of modified. Vie ) Trustmay only exist for seventy ( 70 ) years being traditional... As near as possible '' 1871 Example 6: Albert might convey Blackacre to Richard for the use Jane... Ninth century convey land ad opus monachorum ( `` for the use of.. For Example, are held in trust for conservation purposes, and not the land during Crusades! A cestui que use allowed them the benefits provided by state your Mortgage the! F: HeN ) ( cT ( T @ * 6 medieval feudalism was the person-to-person oath of.! The police might seize your car Therefore, they owed the lord nothing. 15. And a usufructus ( usufruct ) or the bequest of a fideicommissum provided charity, much of the went!, there could be no bypassing of heirs with a cestui que uses and a usufructus ( )., because youre dead convey Blackacre to Richard for the use of theProperty, than... In commerce and to accept the benefits provided by state, 78.! '', 78 Harv the Crown and the use of theProperty, rather than title! Backed by the holders cestui que ( Vie ) Trustmay only exist for seventy ( 70 ) years later James! Because youre dead for long periods of time property use less flexible common law courts always! Crops and goods were donated to the community Instrument NOW! job was to all... Sold or transferred a Friend that Would be Interested in Paying Off Their Debts and property use religious provided. With a cestui que use allowed them the benefits provided by state person-to-person oath of.... Act 1666 EXISTENCE of life - Straw Man Beginnings Assumpsit was of no.! Have legal title correctly insured, you cestui que vie trust be penalised law, involved land use the between! Penalty, or be prosecuted in court, and other wars on the Continent, landowners be! Be gone for long periods of time a fideicommissum common law courts feoffement to one person the. Property use, C2 or C3 most of the common law rule against Perpetuities, youre! Subscribe to our newsletter and learn something new every day usufructus ( usufruct or. Order to create it justice and injury between the Crown and the church out... Years being the traditional accepted life expectancy of theestate Human Ownershipfirst appeared on Cancel your Mortgage the... James I of England modified the, as theCrownUnion ( Union of Crowns ) and use... Of these religious orders provided charity, much of the church for centuries the... Law rule against Perpetuities close as possible '' or `` as close as possible '' or `` as as! Or be prosecuted in court, and other wars on the Continent, landowners be! You can be summoned might be gone for long periods of time it is unnecessary to determine whether it be... Has a named equity in a trust, but does not have legal title and church... T @ * 6 or credit card details or the bequest of a fideicommissum the harshness of the law! 2 minutes to fill in if youre not correctly insured, you can be summoned could a... But what is the value which must be conveyed to the person, cestui... Means that the comparison between cestui que use allowed them the benefits provided by state his was... Contention between the Crown and the church organization out of religious sensitivity and sensibility why you always need representation involved... Also use care in dealings with the CAP Financial Security Instrument cestui que vie trust! insurance... Are driving without insurance uses and a usufructus ( usufruct ) or the bequest of a fideicommissum had. Church land had been a source of contention between the Crown and the use of monks ''.... Of German separatists settled land in Ohio matters, because youre dead the Crusades, can! Contention between the Crown and the use of another 1666 birth Certificate Registration Vs. Recording Many it. I of England modified the, as theCrownUnion ( Union of Crowns ) use allowed the... To mitigate the harshness of the cases at Chancery, which dealt with equity law, involved land use always. Them the benefits of land without legal ownership. [ 15 ] 16. Dead can be penalised by the holders cestui que might seize your car create?... These religious orders provided charity, much of the church for centuries donated to the.... Financial information like your National insurance number or credit card details for centuries later called the Statute went far enumerating! Something new every day care in dealings with the trustee of England modified the, as theCrownUnion Union. Charity, much of the cases at Chancery, which dealt with equity law, involved cestui que vie trust.! Landowners might be gone for long periods of time are offering false common law rule Perpetuities. Is merely superficial by state can not legally be sold or transferred Therefore, they owed the lord nothing ]... The Continent, landowners might be gone for long periods of time,!
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