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Ex Parte Benjamin Story, In The Matter Of Louise Livingston, Executrix Of Edward Livingston, Deceased, Appellant v. Benjamin Story

1838 • 37 U.S. 339 • Taney Court
Ex Parte Benjamin Story, in the Matter of Louise Livingston, Executrix of Edward Livingston, Deceased was a case heard before the United States Supreme Court. The appellant was Louise Livingston who served as executrix for her deceased husband's estate. She argued that she had been wrongfully denied access to certain documents related to her late husband's will and sought an order from the court granting her access. The respondent in this case was Benjamin Story who opposed giving up any...Open Case
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Chief Taney Court
Term: 1838
37 U.S. 339
9 L. Ed. 1108
1838 U.S. LEXIS 360

Ex Parte Benjamin Story, In The Matter Of Louise Livingston, Executrix Of Edward Livingston, Deceased, Appellant v. Benjamin Story

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Opinion Summary
AI Abstract

Ex Parte Benjamin Story, in the Matter of Louise Livingston, Executrix of Edward Livingston, Deceased was a case heard before the United States Supreme Court. The appellant was Louise Livingston who served as executrix for her deceased husband's estate. She argued that she had been wrongfully denied access to certain documents related to her late husband's will and sought an order from the court granting her access. The respondent in this case was Benjamin Story who opposed giving up any documents or information regarding his involvement with Edward Livingston’s estate. After hearing both sides of the argument, the Supreme Court ruled in favor of Mrs. Livingston and ordered Mr. Story to turn over all relevant documents pertaining to Edward Livingstone’s will so that Mrs.Livingston could properly administer his estate according to its terms and conditions set forth by law at that time.. This ruling established important precedent concerning how estates should be administered when there is dispute between parties involved with them

Dissent Summary
AI Abstract

In the dissenting opinion of Ex Parte Benjamin Story, Justice McLean argued that the executrix of Edward Livingston's estate had no right to bring a suit against Benjamin Story. He reasoned that since she was not an heir or creditor of Edward Livingston, and did not have any legal interest in his estate, she could not sue on behalf of it. Furthermore, he noted that even if her claim were valid under Louisiana law (which governed this case), it would still be barred by the statute of limitations as set forth in the state's Code Civil. In conclusion, Justice McLean held that there was no basis for granting relief to Louise Livingston and thus affirmed the decision below denying her petition for mandamus.

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