In the Matter of a Mail Dispute                                )
Between:                                                               )
                                                                               )
ELIZABETH BURNS REAGAN                                )
                                                                               )
and                                                                         )
                                                                               )
ANNALEA HAGAN REAGAN                                 )    P. S. Docket No. MD-171

APPEARANCE FOR
ELIZABETH BURNS REAGAN:                               Alan John Clark, Esq.
                                                                               1320 S. Federal Hwy 1
                                                                               Suite 204
                                                                               Stuart, FL 34994-9999

APPEARANCE FOR
ANNALEA HAGAN REAGAN:                                Annalea Hagan Reagan, pro se
                                                                               P. O. Box 1210
                                                                               Roseland, FL 32957-1210

INITIAL DECISION

This mail dispute proceeding was docketed under Domestic Mail Manual ("DMM") § 153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision. Both disputants filed written submittals under 39 C.F.R. § 965.5 and Elizabeth Burns Reagan filed a Comment under § 965.6. The dispute concerns the delivery of mail addressed to John Joseph Reagan, P. O. Box 1210, Roseland, FL 32957-1210, who is deceased. The following findings of fact and conclusions of law are based upon the submittals, comment, exhibits, and documents forwarded by the Regional Counsel.

FINDINGS OF FACT

1. On July 12, 1979, John J. Reagan executed a will, which has now been probated, in which he appointed Disputant Elizabeth Burns Reagan ("Elizabeth") as Personal Representative of his estate. He left all of his property to her. In his will, he granted to his Personal Representative the powers provided by Section 64.1-57 of the Code of Virginia. The will was duly signed by three witnesses.

2. John Joseph Reagan was divorced from Elizabeth by virtue of a Final Judgment of Dissolution of Marriage entered by a Florida court on March 7, 1992. The judgment was entered after Elizabeth failed to file a response to the Petition for Dissolution.

3. Disputant Annalea Hagan Reagan ("Annalea") was married to John Joseph Reagan on March 16, 1992, at Misco, Florida.

4. Since Elizabeth never received a copy of the Petition for Dissolution and was unaware of the divorce proceedings, on May 8, 1992, the Florida court voided the Final Judgment of Dissolution Marriage, reinstated the marriage of Elizabeth and John J. Reagan, and annulled the marriage to Annalea.

5. On July 8, 1992, John J. Reagan executed a document which stated that if he was incapacitated or unable to communicate, he wanted his affairs to be handled by Annalea. He also left all of his possessions to Annalea. The document contains the signature of a Notary Public, but no other witnesses.

6. On October 6, 1992, John J. Reagan executed a typewritten letter leaving all of his possessions to Annalea. The document contains the signature of a Notary Public, but no other witnesses. Also on that date, he gave Annalea a full power of attorney within the meaning of Florida Statutes 709.08. The power of attorney ceased to have legal effect upon his death.

7. John Joseph Reagan died on October 26, 1992. At the time of his death he had been living with Annalea and receiving mail with her at P. O. Box 1210, Roseland, Florida.

CONCLUSIONS OF LAW

1. DMM § 153.242 provides that mail addressed to a deceased person shall be delivered in accordance with the direction of the executor or administrator. John J. Reagan executed a valid will in 1979. In that will he appointed Disputant Elizabeth Burns Reagan as his Personal Representative upon his death. That will has been probated and Elizabeth is now the Personal Representative of the estate of John J. Reagan. Accordingly, the mail in dispute should be delivered in accordance with the instructions of Disputant Elizabeth Burns Reagan.

2. Disputant Annalea Hagan Reagan submitted two additional wills for consideration. These wills, which Mr. Reagan executed on July 8 and October 6, 1992 in Florida, are invalid. In this regard, Florida law requires that the testator sign in the presence of two witnesses, and the witnesses must sign in the presence of the testator and in the presence of each other. Florida Stat. Ann., tit. 42, § 732.502 (Supp. 1992). Accordingly, Annalea has no legal right to the delivery of mail addressed to the deceased.

3. This decision only determines the right to delivery of the mail in dispute, and not its ownership. In the event that any party receives mail clearly intended for another, that party is responsible for forwarding such mail to the intended party.

4. The attached mail delivery order should be issued.

Randolph D. Mason
Acting Chief Administrative Law Judge