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MATTER OF DALY

1 N.Y.2d 100 (1956)

In the Matter of the Accounting of Chemical Corn Exchange Bank et al., as Executors of Margaret B. Daly, Deceased, Appellants. Janet M. Mackey et al., Respondents.

Court of Appeals of the State of New York.

Decided April 19, 1956.

Attorney(s) appearing for the Case

Francis R. Curry for appellants.

Arthur H. Schwartz, Rose Rothenberg and Herbert B. Rose for Janet M. Mackey, respondent.

CONWAY, Ch. J., DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE, JJ., concur.

FULD, J.

Margaret Daly died in 1952. She left a will in which she named four executors, one of whom is respondent Janet M. Mackey, an old friend, to whom she bequeathed the sum of $15,000 and some household furnishings. Following the clause designating the executors, the testatrix stated, "In the event Janet M. Mackey shall serve as Executrix hereunder, I request that she act without compensation."

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