Skillern's Executors v. May's Executors was a case heard by the United States Supreme Court in 1807 that dealt with the issue of whether or not an executor had authority to bring suit on behalf of a deceased person. The plaintiff, Skillern’s executor, argued that he did have such authority and sought damages from May’s estate for breach of contract. The defendant argued that no action could be brought against them as they were not personally liable for any debts incurred by their predecessor. After careful consideration, the court ruled in favor of Skillern’s executor and held that an executor has legal standing to sue on behalf of a decedent if there is evidence showing contractual obligations between parties prior to death. This ruling established precedent which allowed future cases involving similar issues to be decided upon more easily and quickly than before this decision was made.

Justice Johnson delivered the dissenting opinion in Skillern's Executors v. May's Executors, arguing that the court should not have granted a writ of error to review the decision of the circuit court. He argued that there was no evidence presented to show any errors or irregularities in either party’s proceedings and thus it would be improper for this Court to interfere with their judgment. Furthermore, he noted that if an appeal had been taken from one state court to another, then this Court could properly intervene; however, since both parties were before a single tribunal at all times throughout their dispute resolution process, it was unnecessary for this Court to grant a writ of error and overturn its decision. Justice Johnson concluded by stating his belief that granting such relief would set an undesirable precedent which could lead other courts into similar situations where they may feel compelled to reverse decisions without sufficient cause or reason simply because they are being reviewed by higher tribunals.