In the Matter of a Mail Dispute                                )
Between:                                                                )
                                                                                )
ORVILLE A. FIGGS, II                                              )
                                                                                )
                   and                                                       )                                                                
                                                                                )
KEVIN FIGGS                                                          )  P. S. Docket No. MD 94-29

APPEARANCE FOR ORVILLE A. FIGGS, II:  None.

APPEARANCE FOR KEVIN FIGGS:  None.

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book §153.721(c) which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute which is addressed to Ponderosa Sky Ranch Water System; Orville A. Figgs; The estate of Orville A. Figgs; and Orville A. Figgs, II, executor for the estate of Orville A. Figgs, 33851 Ponderosa Way , Paynes Creek, CA 96075-9713 or Rt. 5, Box 101, Paynes Creek, CA 96075 is presently being held by the Paynes Creek postmaster. Both disputants submitted the sworn statements required by 39 C.F.R. §965.5.

FINDINGS OF FACT

1. In a will dated July 2, 1980, Orville A. Figgs devised and bequeathed his entire estate to his sons, Kevin Figgs and Orville A. Figgs, II, in equal shares. Orville A. Figgs, II was named executor of the will (Kevin Figgs' submission).

2. Orville A. Figgs died sometime prior to November 8, 1991. By order of the Superior Court of California, County of Tehama, dated January 21, 1992, Kevin Figgs was named co-executor of the estate of Orville A. Figgs, along with Orville A. Figgs, II, as the other co-executor (Field Counsel submission).

3. Sometime between January 21, 1992 and February 17, 1993, Orville  A. Figgs, II ceased being co-executor of the estate. However, by stipulation of the present disputants and order of the Superior Court, dated February 17, 1993, Orville A. Figgs, II, was once more appointed co-executor (Id.).

4. On April 12, 1993, Disputant Orville A. Figgs, II filed a fictitious business name statement with the Tehama California County Clerk which stated that he was doing business as Ponderosa Sky Ranch Water System, 33851 Ponderosa Way, Rt. 5 Box 101, Paynes Creek, CA 96075. Disputant Orville A. Figgs, II has managed and been in charge of the Ponderosa Sky Ranch Water System since that date (Orville A. Figgs, II submission).

5. Orville A. Figgs, II, is also known as Orville A. Figgs (Id.).

6. On April 29, 1994, disputant Kevin Figgs filed two PS Forms 3575 "Change of Address Order" with the Paynes Creek, CA Post Office, directing that all mail addressed to (1) Ponderosa Sky Ranch Water System and (2) Orville A. Figgs, be delivered to Kevin Figgs at 33840 Ponderosa Way, Paynes Creek, CA 96075 (Field Counsel submission).

7. Both disputants seek delivery of the mail covered by the two PS Forms 3575. Additionally, although no PS Form 3575 has been field, both disputants seek delivery of all mail pertaining to the estate of Orville A. Figgs.

CONCLUSIONS OF LAW

1. As the manager and operator of the Ponderosa Sky Ranch Water System, disputant Orville A. Figgs, II is entitled to receipt of the mail addressed to that business.

2. Inasmuch as Orville A. Figgs has been deceased approximately three years and since Orville A. Figgs, II, is also known as Orville A. Figgs it is most likely that mail addressed to Orville A. Figgs is intended for Orville A. Figgs, II. Accordingly, disputant Orville A. Figgs, II is entitled to receipt of such mail.

3. Since both disputants are co-executors of the estate of Orville A. Figgs (without further identification of recipient), mail addressed to the estate of Orville A. Figgs, or the executor for the estate of Orville A. Figgs (without further identification of recipient) should be delivered as addressed as such mail is most probably intended for either disputant.

4. Mail specifically addressed to Orville A. Figgs, II, executor for the estate of Orville A. Figgs, is most probably intended for disputant Orville A. Figgs, II and should be delivered to him.

5. Mail specifically addressed to Kevin Figgs, executor of the estate of Orville A. Figgs, is most probably intended for disputant Kevin Figgs and should be delivered to him.

6. This decision deals only with the delivery of the disputed mail. If either disputant receives mail clearly intended for the other he must assure that it is forwarded to the other party.

7 The attached mail delivery order should be issued.

James D. Finn, Jr.
Administrative Judge