WILL OF JOHN WARDER

Russell County, Virginia
Will Book 6, Pages 68 - 78
Executed in Philadelphia 17 May 1828
Executed in Russell Co. 08 Jun 1847

Be it remembered that I John Warder of the City of Philadelphia, late merchant, being of sound mind and memory, do make and ordain my last will and testament in manner following - I direct all my just debts and funeral expenses to be fully paid and satisfied by my Executors as soon as conveniently may be after my decease. I give and bequeath to my beloved wife Ann Warder in case she shall survive me, all my plats, books, household and kitchen furniture, liquors and linens and woolen articles of every kind, also any horses or carriages which I may have at the time of my decease. And I do order and direct that no inventory or account shall be taken or kept by my Executors of the several matters included in this bequest. But in case my beloved wife should not survive me, then I give and bequeath all the articles to my seven children herein after named, to be equally divided amongst them, share and share alike and without inventory or account as aforesaid, and whereas I have given my obligation to John Head of Ipswich and John Copper of London, conditioned for the payment of eleven hundred and sixty pounds sterling, being monies belonging to my said wife which with additions and accumulations amounting to seven thousand one hundred and four dollars and fifty five cents appears to her credit on my books, now I hereby direct that the whole of the said amount, to include the discharge of the said obligation be paid over to my said wife within twenty days after my decease to be for her own use and entirely at her disposal I do also give and bequeath to my said wife an annuity or yearly sum of two thousand dollars money of the United States, to be paid to her by my Executors in four equally quarter payments in every year during the term of her natural life, to commence from the day of my decease, and with the payment of this annuity, I hereby expressly charge-the whole of my real estate in the City and County of Philadelphia, provided however, that if my Executor can ____ ground rent well secured, clear of taxes, and producing in amount a sum equal to the said annuity, and payable in such manner as to meet the said quarterly payments thereof, or if at the time of my decease I should have any such ground rents to my wifes satisfaction then I authorize my said Executors to purchase or set apart such ground rents for the purpose of paying said annuity, or in case my said Executor can put out so much of my money upon good security by bond and morgage of property within the city or Liberties of Philadelphia, so as to secure the punctual and regular payments of the said annuity at the quarter days beyond the reach of disappointment then I authorize the same to be done accordingly, subject always howeven to the approval of my said wife, and in case of her approval of the arrangement as entirely satisfactory when, I desire she will release all other parts of my estate from this charge thereon. I do also give and desire to my said wife, during the term of her natural life, my mansion home and lot of ground where I now dwell, situate on the North side of Sassafron Street No. 117 in the city of Philadelphia, the lot to extend Northward of the breadth of the main house to the brick wall, dividing it from the messuges and lots fronting on Branch Street hereinafter devised to my daughter Mary Armand Caroline, to be bounded westward partly by the messuage and lot herein after devised to my daughter Caroline, and partly by the court herein after directed to be laid out, and Eastward by ground of the Estate of Phillip Zeller deceased, together with the stable, and the privledges of the alley or carriage way into Branch Street, as now used, and the Court herein after mentioned, and all other the app____ what I have thus given and devised to my said wife, I declare to be in line of power and request that she will not claim any interest which may be unpaid at the time of my decease upon the eleven hundred and sixty pounds sterling herein before mentioned. From and immediately after the decease of my said wife I give and devise my said Mansion house, lot of ground, state and premises above menioned to my sons, Jeremiah, John H., William S., and Benjamin H., and the survivor or survivors of them and their heirs and assigns of the survivor. In trust, never the less, and to and for the sale and separate use of my daughter Mary Ann Bacon for and during the term of her natural life, not to be liable in any way for the debts, control or contracts of her present husband or any other husband she may hereafter have, and from and immediately after the decease of my said daughter Mary Ann Bacon, in trust to and for the use of her husband in case he shall survive her during the term of his natural life, and from and after the decease of my said daughter Mary Ann Bacon and her husband, then to and for the use of the right heirs of my said daughter Mary Ann as tenants in common in fee simple forever, and to be conveyed accordingly. And it is my will that my said daughter or in case of her decease, her husband or heirs, as the case may be shall be allowed at the rate of four hundred dollars per owner payable quarterly out of my residary estate, as rent for the said premises during the life of my said wife, I also give and divise to my said son and the survivors and survivor of them and their heirs and assigns of the survivor, the Eastermost of my messuages and lots on the south side of Branch Street No.16 containing in front on Branch Street thirteen feet, and extending in depth to the stable herein before mentioned. In trust, never the less and to and for the sale and separate use of my said daughter Mary Ann Bacon for and during the term of her natural life and not to be liable to the debts, control or contracts of her present husband or any other husband she may hereafter have, and from, and immediately after the decease of my said daughter Mary Ann Bacon, in trust to and for the use of her husband during the term of his natural life, and from and after the decease of my said daughter Mary Ann Bacon and her husband, then to and for the use of the right heirs of my said daughter Mary Ann in fee simple as tenants in common, and to be conveyed accordingly. And it is my will that the premises thus designed for my daughter Mary Ann shall not be changable with any apportionment or contribution towards the ground rent of sixty four dollars per annum nonpayable to Gulielma M. Smith. I give and devise to my said son and the survivors and survivor of them and the heirs and assigns of the survivor my messuage and lot of ground No.119 Sassafron Street and westward of my mansion house, the lot to extend northward of the breadth of the home to a line with the south wall of the stable on the said mansion home lot together with the use of the privy on the lot adjoining to the west, and the passage to and from the same as now fenced, and the privledge of the alley or carriage way aforesaid and the court herein after mentioned and the appurtenances subject to the payment the aforesaid ground rent of sixty four dollars per annum to Guliulma M. Smith. Also my messuage and lot No.18 on the South side of Branch Street, aforesaid containing about thirteen feet front on Branch Street, on the east side of the alley or carriage way aforesaid and extending in depth southward to a line with the north wall of the stable, and to be bounded by the walls as now erected round the yards, together with the building over and under the alley or carriage way aforesaid and the right of continuing the same of its present extent forever leaving the present headway-In trust, never the less, and to and for the sole and separate use of my daughter Caroline Cadbury for and during the term of her natural life and not to be liable for the debts, control or contracts of her present husband or any other husband she may hereafter have, and from and immediately after the decease of my said daughter Caroline in trust to and for the use of her husband in case she shall survive her, during the term of his natural life, and from and after the decease of my said daughter Caroline and her husband, then to and for the use of the right heirs of my said daughter Caroline in fee simple as tenants in common and to be conveyed accordingly and I hereby subject the devise of the messuage No.119 Sassafron Street to the following condition and restriction to wit: that no building whatsoever shall be erected upon the lot further north than the north wall of the present messuage, so that the whole space between the North wall of the said messuage and the northern boundary of the said lot shall remain clear of buildings forever. I give and devise to my said Sons and survivors and survivor of them and the heirs ands assigns of the survivor, my messuage and lot of ground No.121 Sassafron Street next westward of the above described, the lot to extend northward of the breadth of the house to a brick wall divideing the same from the lot of the branch street houses, together with the stable and the privledge of the alley or carriage way leading into Branch Street and the court herein after mentioned and all other appurtenances. Subject to the payment of the whole of ground rent of sixty four dollars per annum to Henry Clymer, and excepting the use of the privy and the passage thereto reserved for the messuage No.119 adjoining as before mentioned. Also all those my two messuage and lots No.20 and 22 on the South side of Branch Street, containing in front thereon about twentyone feet and extending in depth to the stable wall aforesaid in trust nevertheless, and to and for the sole and separate use of my daughter Elizabeth W. Janney for hand during her natural life and not to be liable to the debts, controls, or contracts of her present husband or any other husband she might hereafter have, and from and immediately after the decease of my daughter Elizabeth W. Janney in trust and to and for the use of her husband in case he shall survive her, during the term of his natural life and for and after the decease of my said daughter and her husband, then to and for the use of the right heirs of my said daughter Elizabeth W. Janney in fee simple as tenants in common and to be conveyed accordingly. It is my will and I do hereby direct, that form a line to be drawn eastand west form the south wall of the stables above mentioned to the south wall of the other, which line is to form the northern boundary of the lot belonging to the messuage No.119 Sassafron Street, above intended for the use of my Daughter Caroline, a court the breadth east and west of the last mentioned lot shall be left open forever for the accomodation of my said three messuages fronting on Sassafron Street, which court shall extend to the carriage way leading into Branch Street and to be connected therewith according as the brick wall now stands. All that my lot of ground with the building thereon erected on the East side of Oak Street and extending to Fleet street in the northern liberties being forty feet one inch and one third in breadth north and south which I purchased of Thomas W. Pryor and wife with all other improvements and appurtenances I give and devise to my son William S. Warder and his heirs and assigns forever, all that my lot of ground adjoining the last mentioned south thereof and the same dimensions which I purchased of James Vaux and wife with the buildings thereon I give and devise to my son Benjamin H. Warder his heirs and assigns forever, and as appurtenance to the two last mentioned lots, and until Fleet Street shall be opened and made passable as a public highway. I hereby give and devise to my said sons, William and Benjamin, therein respective heirs and assigns the right of using the westermost pier or landing on the North side of my wharf or lot of ground lying east of the two lots last mentioned and so much of the wharf as extends twenty feet south and fifty feet east of the eastern front of the easterly said pier, together with the privledge of the dock in front in front of the said westermost pier to the extent of fifty feet as aforesaid for a landing for lumber and other articles. And also free ingress and egress to and from the same at all times with or without horses and carriages until the opening of Fleet Street aforesaid-but this right is not to authorize the storing or piling of any articles or any part of the said wharf east of Fleet Street aforesaid excepting upon the said westermost pier, clear of the cart way and it is also my will that until Fleet Street shall be opened and made passable as aforesaid the cart way now used through the two lots above mentioned for the accomodation of the main wharf to the east of the said lots shall be continued open for the same purpose in common with the owner and occupiers of the said lots and shall be kept in repair at the joint cost of the owners of the wharf and said lots. All that my Warterlot stores and wharf situate eastward of the two lots last above mentioned containing in breadth north and south one hundred and twenty feet four inches and extending from Fleet Street aforesaid into the river Delanan with the use of the cartway as above mentioned, and all other the appurtenances and subject to the right of landing aforesaid I give and devise to my son John H. Warder his heirs and assigns forever. All that messuage and lot, being twenty feet front on Delaware Front Street near Norris's Alley in the City of Philadelphia and ninety eight feet deep and the lot adjoining, being twenty feet on Norris's Alley conveyed to me by Thomas Biggs, and also all that my lot of ground situate on the north side of Mulberry Street and east side of Schrulkill Front Street being thirty one feet on said Mulberry Street and eighty six feet on said Front Street I give and devise to my said son William S. Warder and his heirs and assigns forever. The one equal undivided eigth part of a messuage and lot of ground on the west side of Delaware Second Street, between Sassafras and Vine Street in the City of Philadelphia being twenty six feet front and trhee hundred and six feet deep also the lot of ground on the south side of Vine Street between Schrulkill Sixth and Seventh Streets, being forty one feet three inces from and one hundred and forty feet deep to George Alley, and also a lot on the north side, side of a fifty feet street called Habacker Street being in front thereon forty one feet three inches and one hundred and thirty one feet deep to said George Alley I give and devise to my son Benjamin H. Warder his heirs and assigns forever. Also all those my lots of ground situate in the City of Philadelphia aforesaid, rounded northward by Sassafrass Street, eastward by Aston Street and westward by the river Schrulkill I give and devise to my son Benjamin H. Warder his heirs and assigns forever. All those lots of ground and premises situate in the northern liberties aforesaid, containing thirty eight feet six inches front on the south side of Green Street and fifty six feet six inches on the north side of Duke Street with the messuage thereon erected conveyed to me by John Keen and wife I give and devise to my daughter Caroline Cadberry her heirs and assigns for her sole and separate use and benefit and not to be liable to the debts control or contracts of her present husband or any other husband she may hereafter have, subject nevertheless to the payment of a yearly rent charge of two hundred dollars therefor to commence from my decease which rent may be extinguished at anytime thereafter within ten years by the payment of the value thereof rated at sixteen years and twothirds purchase, or in case my said daughter share will bear it by a charge of that sum to her in the general settlement of my estate herein after directed to be made. It being my will and intent that each of my children shall have as equal share as possible of all my property, I do hereby direct that within three years from the time of my decease a general settlement of my estate both real and personal shall be made excepting as to back lands herein after mentioned by my executors and the survivor and survivors of them, and my several children or their legal representatives in such manner as that my childrens share respectively shall be ascertained and fully known at that time, but previous to the said settlement it is my will that the several real estates herein before devised to my said children and all other parts of my real estates herein before devised to my said children and all other parts of my real estate in the City and County of Philadelphia shall be valued by judicious and disiterested men to be chosen by my said children or their legal representatives which valuation when made in writing and certified under the hands of a majority of the persons so appointed shall be absolute and, shall be binding upon all parties, and my said children severally shall be changed with the amount of the valuation of his or her part of the said real eastate devised by this my will for his or her use, and the several shares shall be equalized by the addition of real and personal property from my residuary estate so as to place all my said children upon as exact an equally as possible. And I hereby authorize and enpower my Executors herein after named and the survivors and survivor of them to make and execute such conveyances, assurances and assignments to my said children and their respective heirs execution administration and assigns as may be needed to give full affect to the said general settlement of my estate, and it is further my will and I hereby direct that in case any difference should arise among my children or any of them relative to the settlement of my said estate that the advise of my said wife may be taken and ____ in the matter of difficulty as I am fully persuaded of her equal love and impartiality towards all our children. If at the time of my decease there should be any changes in my books against either of my children or I should be liable to pay anything on account of either of them, I direct the same to be considered and accounted as part of the share of such child against whom or whose account such charge or liability may exist and charges agaist my son in law I direct to be considered and accountred in charges against wifes respectively. If at the time of my decease I shall be possessed of ____ rents or other real estate not herein specifically devised and situate in the City of Philadelphia or its neighborhood which my Executor may deem suitable for my daughters or either of them, it is my will that such real estate may be alloted to my said daughters or either of them in fee simple and accordingly conveyed- and in case the such real estate should not be sufficient to equalize and bring up the shares of my said daughters to the amount which may be ascertained to be theirs by settlement to be made, in manner aforesaid, I direct that the deficiencies of their shares shall be made up by the addition of ground rent or other real estate to be purchased at the discretion of my Executors and conveyed to them and their heirs and assigns in fee simple to the amount _____ for that purpose, and it is my will and I do direct that all Real Estate which may in anyway pass to my daughters respectively under any of the provisions of this my will and either by immediate devise or by purchasees to be made by my executors as aforesaid shall be for their sole and separate use, without being in any way liable to the debts contorl or contracts of any husband which either of them my have, but in case of the decease of either of my daughters leaving a husband surviving, it is my will the husband in such case shall enjoy to his own use the income of the real estate of his wife during his natural life. Having omitted to give any real estate to my son Jeremiah Warder I think it proper to state that my reason for this omission is that he already holds a considerable quantity of real property and is himself at present disinclined to its increase nevertheless it is my will and I hereby direct that he shall be at liberty to take an amount not exceeding ten thousand dollars in any of my real or personal estate which he may chose and not before specifically dispose of the same to be accounted for and valued in manner aforesaid and of his choice should be of real estate it shall be conveyed to him and his heirs and assigns in fee simple to my executor. All those eight contiguous lots of ground situate on the south side of Sassafron Street and bound eastward by Schurkill Front Street, and westward by Aston Street in the City of Philadelphia, I give and devise to my sons Jeremiah, John H., William S., and Benjamin H., and the survivor or survivors of them and the heirs and assigns of the survivor. In trust to let and devise the same from time to time until the expiration of the term of twenty years from the term of my decease and pay and apply the rents issues and profits thereof to and among themselves and my other children equally and the lawful issue of any who may be deceased, and from and immediately after the expiration of the said term of twenty years I direct that the said lots be conveyed in fee simple in equal proportion to and divided amongst all my children who may be living and the issue of such as may be deceased, such issue to take only the proportion which his or her parents would have done has his survivor or survivors of them and their heirs, executors, administrators, and assigns of the survivor, the one hundred shares of stock in the Schurkill navigation company now belonging to me to be held for the term of twenty years from the time of my decease and aforesaid, in trust for the use of all my grandchildren born and to be born and to be divided anong my said grandchildren upon the expiration of the said twenty years in the proportion following. To the children of my son Jeremiah fifteen shares, to the children of my son John H. fifteen shares, to the children of my daughter Mary Ann fourteen shares, and in like manner fourteen shares to the children of any other children respectively. And the dividend which may arise from the said stock I direct to be kept separate and invested until the expiration of the said twenty years when the said stock and the accumulation thereof shall be divided in the proportions aforesaid, and in case any of my children should die before the expiration of the said twenty years without leaving issue, then the share intended for such issue shall go to and be divided amongst the issue of my other children in the proportion above mentioned. But should any of my children be living and without issue had there been such- I give and bequeath to my sister in law Hannah Warder the sum of twenty five dollars per month durin her natural life to be paid to her regularly by my executors. My sons Jeremiah and John H. and myself being interested with the estate of the late Richard Smith of Islington in Great Britian in a large body of back land situate in Russell County Virginia and my said son and myself being also interested on certain real estate situate in or near Portland Maine, the title to all which is now vested in me and my said sons, I give and devise my share therein to my said sons Jeremiah and John H. and the survivors and survivor of them and the heirs and assigns of the survivor to be sold whenever they or he shall judge most advisable at public or private sale for cash or credit and conveyed accordingly in fee simple or otherwise and all the share to which I may be entitled of and in the ___ proceeds being one half of the estate in or near Portland and one third of John Warder and sons proportion of the lands in Virginia. I direct to be equally divided amongst all my children and their respective heirs executions, administrations, and assigns, my said son Jeremiah and John H. to receive a child's share thereof in addition to their shares as partners, all other of my real estate situate in any part of Pennsylvania, the state of Ohio, the State of Virginia or elsewhere excepting the City and County of Philadelphia I give and devise to my Executors herein after named and the survivors and survivor of them, and the heirs and assigns of the survivor to be sold when and as they may think proper by public or private sale for cash or credit and conveyed accordingly in fee simple or otherwise and the proceeds thereof to be considered as residue of my estate or in case my said Executor or the survivors or survivor of them shall deem most advisable< I authorize and empower them and him to devise the same equally amongst all my children and their heirs and assigns and to convey the same accordingly. I give and bequeath to my valuable old servant Flora Antwell the sum of twelve dollars per annum during her life to be paid to her monthly by my Executor if she so desire it. To Priscilla Honen in case she shall continue to reside in my service at the time of my decease the sum of twenty dollars. And to William Anderson or such other male domestic on shall be in the service of my family at the time of my decease the like sum of twenty dollars. All the rest and residue of my estate, real and personal whatsoever and wheresoever I give and devise and bequeath to my seven children aforesaid and Jeremiah Warder, John H. Warder, Mary Ann Bacon, Elizabeth W. Janney, William S. Warder, Benjamin H. Warder, and Caroline Cadbury, them several and respective heirs executions, administrations and assigns forever to be equally divided amongst them share and share alike as tenents in common, and it is my will and I do hereby provide that if any of my children should die leaving lawful issue that such issue shall take such share and proportion as his her parent would have taken had such parent been living. And I nominate and appoint my wife Ann Warder and my sons Jeremiah Warder and John H. Warder Executors of this my last wil and testament, and it is my express injuction that neither of them shall make any changes or receive any commision or compensation for the time or trouble consumed in the settlement of my estate. I witness whereof I the said John Warder have to this my last will and testament set my hand at the foot of the preceding pages and have hereuto set my hand and seal on this page the thirteenth day of the twelfth month in the year of our Lord one thousand eight hundred and twenty four.

John Warder

Signed sealed published and declared by the above named John Warder on this his last will and testament in the presence of us who in his presence, and in the presence of each other have hereunto subscribed our names as witnesses.

James Vaun
Geo Vaun

I John Warder of the City of Philadelphia do on further reflection make this codicel to my foregoing will and testament to wit: I revoke so much of my foregoing will and testament as provides that any real eatate therein mentioned either now held by me or to be here after purchased shall be vested immediately in either of my daughters or their husbands, and in liew thereof I do hereby devise and bequeath to my son Jeremiah Warder, John H. Warder, William Warder and Benjamin Warder and the survivors and survivor of them and their heirs and assigns of the survivor, the whole of the real estate in trust for or which may be purchased for my said daughters as mentioned in my said will. In trust, nevertheless and to and for the use and benefit of my said daughters and their families respectively in the manner pointed out by my said will and testament in relation to my estates on Sassafron and Branch Street between Delaware Third and Forth Streets and it is my will that the portions of the real estate held by me and intended for my daughters, and also of that which may be purchased under the provisions of my said will and testament shall be designated for my said daughters respectively and their families and the titles thereof shall be held by my said sons and the survivors and survivor of them, and their heirs and assigns of the survivor in trust as aforesaid. And the interest of respective proportions shall be received by my said sons as trustees and paid over to my said daughters respectively for their sole and separate use to each daughter during life then to her husband in case a husband shall survive her. And after the decease of any said daughter and their husband respectively the said property to be conveyed to the right heirs of my said daughter respectively in fee simple. In witness whereof I have hereunto set my hand and seal this twelfth day of the first month called January in the year of our lord 1826.

John Warder

Signed, sealed published & declared by the said John Warder, as a codicil to his last will and testament in the presence of us who in his presence and at his request have hereunto set our hands.

Thos. Stewardson
Geo Vaun

I John Warder of the City of Philadelphia do make this second codicel to my foregoing will and testament as would be given to either of my daughters directly any part of my personal estate, and in liew thereof I do hereby give and bequeath the same and every part thereof to my sons, Jeremiah, John H. William S. and Benjamin H., and the survivors or survivor, nevertheless and to and for the sale and separate use of my said daughters respectively in the proportions mentioned in my said will and testament and I do order and direct that the said personal estate should be vested in such productive funds as may be approved by said trustees, and the income in the same manner with the income of my real estate during their natural life respectively and in case of the decease of any of my said daughters leaving her husband surviving, the said income shall be received and enjoyed by the husband during his life. And from and after my said daughter and husband respectively the share of each daughter shall go to her right heirs forever. And it is my will that the said personal estate shall not be liable to the control debts or contracts of the said husband of my said daughters respectively in any event whatever. In witness whereof I have hereunto set my hand and seal this nineteenth day of May in the year of our Lord 1826.

John Warder

Signed, sealed published & declared by the said John Warder, as a codicil to his last will and testament in the presence of us who in his presence and at his request have hereunto set our hands.

Thos. Stewardson
Geo Vaun

I republish this forgoing will and codicel as my last wil and testament this 23rd day on the forth month 1827.

John Warder

Witness

Thos. Stewardson
Geo Vaun

I republish this forgoing will and codicel as my last wil and testament this 7th day on the second month 1828.

John Warder

Witness

Thos. Stewardson
Geo Vaun

Philadelphia May 17, 1828, Them personally appeared George Vaun and Thomas Stewardson, who being duly affirmed according to law did say that they were present and did see and hear John Warder the Testator in the foregoing will and codicel named acknowledged, declared and republish the said will and codicels as and for his last will and testament and codicel thereto, and that at the doing thereof he was of sound mind, memory and understanding to the best of their knowledge and beleif and that they the said George Vaun and Thomas Stewardson subscribed their names as witnesses thereto.

Coram In: Geyer Register
Jeremiah Warder and John H. Warder two of the executors affirmed and letters testamenting granted unto them.

Philadelphia City and County of:
I certify the foregoing to be a live copy of the last will and testament and codicel thereto of John Warder deceased and republication thereof as with as the probate threof and recorded in the registar office for the city and county of Philadelphia.

Given under my hand and seal of office the 20th day of Nov. A.D. 1832

(Seal) J. Humes Registar

Philadelphia County:
I Edward King presiding Judge of the Court of Common Pleas of the City and County of Philadelphia do certify that the foregoing certificate or Attestation is in due form of Law, and by the proper officer witness my hand the 26th day of Jan. A.D. 1836.

Edward King

Philadelphia County:
I Richard Palmer Prothonotory of the Court of Common Pleas for the City and County of Philadelphia do certify that the Honorable Ed King whose proper signature is set to the foregoing certificate, is the present Judge of said Court of Common Pleas of City and County of Philadelphia duly commissioned and qualified. In witness whereof ZI have here to set my hand and affixed the seal of said court, the 26th day of Jan. 1836.

(Seal) R. Palmer Prothonotory

Virginia To Wit:
At a Court of Quarterly Session held for Russell county at the Courthouse on Tuesday the 8th day of June 1847. The foregoing copy of the last will and testament of John Warder deceased with the codicel thereto subjoined, was produced in court and with the certificates thereon endorsed, ordered to be recorded.

Teste James P. Carrell CRC


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