In the Matter of a Mail Dispute                         )
Between                                                          )
                                                                         )
SARA ANTONIA WHIDDON                              )
                                                                         )
                  and                                                 )
                                                                         )
KELVIN WHIDDON                                            ) P.S. Docket No. MD 96-70

APPEARANCE FOR SARA WHIDDON:             None

APPEARANCE FOR KELVIN WHIDDON:           None

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §153.721c, 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 George Alton Whiddon, P.O. Box 72, Merryville, LA 70653-0072, is now being held by the postmaster at Merryville, Louisiana.

Neither of the disputants has submitted sworn statements in support of their claim, as required by 39 C.F.R. §965.5. The following findings of fact and conclusions of law are based on the material forwarded by the Postal Service Law Department in Memphis, Tennessee. This includes letters written by the disputants in January 1996.

FINDINGS OF FACT

1. George Alton Whiddon, now deceased, was the father of the two disputants. Mr. Whiddon died in late December 1995. He left no will, and no one has been appointed executor or administrator of his estate.

2. Disputant Sara Whiddon lives in Covina, California. Disputant Kelvin Whiddon lives in Merryville, Louisiana.

3. Prior to his death, George Whiddon shared Post Office Box 72 in Merryville with disputant Kelvin Whiddon.⁽¹⁾

CONCLUSIONS OF LAW

1. The Domestic Mail Manual states that mail addressed to a deceased person may be received at the deceased person's address by anyone who would normally receive mail there, and also that mail may be sent to the address of an appointed executor or administrator. DMM § D042.2.4.

2. Sara Whiddon's claim is based on assertions that she is attempting to resolve her father's outstanding financial or business matters. This does not equate to being an appointed executor or administrator, within the meaning of § D042.2.4.

3. Because there is no other pertinent evidence in the file, the mail in dispute should be delivered to Kelvin Whiddon, a person "who would normally receive mail" addressed to Box 72.

4. This decision deals only with delivery of the disputed mail, not the ownership of it. If Kelvin Whiddon receives mail intended for Sara Whiddon, it is his responsibility to forward such mail. Also, if either party should obtain a court order directing delivery of mail, postal regulations provide that mail will be delivered in accordance with such an order. DMM § D042.6.3.

5. The attached mail delivery order should be issued.

                                                                                       Bruce R. Houston
                                                                                       Acting Chief Administrative Law Judge

1. This finding of fact is based solely on an assertion in a January 16, 1996 letter from Kelvin Whiddon, presumably to the Merryville postmaster, which is not contradicted by anything else in the file. Neither Kelvin, nor the postmaster, has submitted any documentation pertaining to Box 72.