In the Matter of a Mail Dispute                                )
Between                                                                )
                                                                               )
WILLIAM R. COLE                                                   )
                                                                               )
            and                                                             )
                                                                               )
RICHARD GILLSON                                                )  P.S. Docket No. MD 97-272

APPEARANCE FOR DISPUTANT                            Donald K. Speckhard, Esq.
     WILLIAM R. COLE:                                             218 West Friendly Avenue
                                                                               Greensboro, NC 27401-2501

APPEARANCE FOR DISPUTANT                             Edward S. Medina, Esq.
     RICHARD GILLSON:                                           Richard D. Hall, Jr.
                                                                                221 Commerce Place, Suite A
                                                                                Greensboro, NC 27401-2426

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 7, August 1, 1996) Section 616.21, which requires the Chief Field Counsel to forward certain unresolved mail disputes to the Judicial Officer for resolution. The mail in dispute is that addressed to COLE'S POTTERY a/k/a J. B. COLE'S POTTERY, P.O. Box 180, 625 Fork Creek Mill Road, Seagrove, NC 27341-8118 and P.O. Box 68, Star, NC 27356-0068. The mail is currently being held by the Seagrove and Star, North Carolina Postmasters.

Both parties submitted sworn statements and comments (along with other supporting documents), in accordance with 39 C.F.R. §§965.5 and 965.6, in support of their claims. The following findings of fact are based on the parties' submissions and information from the Postal Service that was included in the file referred to the Judicial Officer.

FINDINGS OF FACT

1. Disputant Richard Gillson is the executor of the estate of Nell Cole Graves. Disputant William Cole is the son of Waymon Cole. Until his death in 1987, Waymon Cole was in a partnership with his sister, Nell Cole Graves. The partnership owned and operated J. B. Cole's Pottery. (Affidavits of Richard Gillson and William Cole).

2. Upon his death in 1987, Waymon Cole bequeathed in fee simple, his half interest in the partnership's inventory, accounts receivable and works in progress to his sister. He bequeathed a life estate of his half interest in all other properties of the J. B. Cole's Pottery partnership (including all real estate, real estate improvements, equipment and motor vehicles) to his sister and the remainder interest to his son, William Cole. (Affidavit of William Cole).

3. Following the death of his father, William Cole instituted a law suit in which he sought to have a final settlement of the partnership assets. The court held that the partnership between Waymon Cole and Nell Cole Graves dissolved upon the death of Waymon Cole and that the interests of the partnership should be settled and disposed of in accordance with the will of Waymon Cole. Looking to the will, the court found that Nell Cole Graves was bequeathed sole possession of the J. B. Cole's Pottery Company. (Id.).

4. In 1991, Nell Cole Graves conveyed her half interest in the real property and improvements comprising J. B. Cole's Pottery to Linda Shelton Potts. By the deed of conveyance, Nell Cole Graves retained a life interest in the estate, with Linda Shelton Potts receiving a vested remainder interest in the property. (Id.).

5. In 1992, Linda Shelton Potts conveyed her half interest in the J. B. Cole's Pottery real property to William Cole, subject to the life estate of Nell Cole Graves. Thus, William Cole now possessed a remainder interest in all the real property and improvements comprising Cole's Pottery. (Id.).

6. Upon her death in February, 1997, Nell Cole Graves bequeathed ". . . all the rest, residue, and remainder of my property, real and personal, wheresoever situate, to Richard Gillson." This will also appointed Richard Gillson as the executor of the estate of Nell Cole Graves. (Affidavit of Richard Gillson).

7. Richard Gillson and other former employees of J. B. Cole's Pottery continue to turn out J. B. Cole's Pottery pots at Holly Hill Pottery⁽¹⁾ (Response by Richard Gillson to Affidavit of William Cole)..

8. The address for J. B. Cole's Pottery is a post office box. This post office box (P.O. Box 180, 625 Fork Creek Mill Road, Seagrove, NC 27341) was paid for by Nell Cole Graves during her lifetime and paid for by her executor, Disputant Richard Gillson since then. (Affidavit of Richard Gillson).

9. By affidavit dated June 9, 1997, William Cole notified the Postal Service that all mail showing J. B. Cole's Pottery or similar names as addressee should be delivered to P.O. Box 68, Star, NC 27356-0068, and on June 12, 1997, William Cole submitted a change of address for J. B. Cole's Pottery and Cole's Pottery, 625 Fork Creek Mill Road, Seagrove, NC 27341-8118, to have the mail forwarded to P.O. Box 68, Star, NC 27356-0068 (Postal Service Submittal). This mail dispute ensued.

DECISION

Disputant William Cole argues that, as the sole owner of the pottery equipment and real property where J. B. Cole's Pottery was located, he has the right to delivery of the mail intended for that business. Disputant Richard Gillson argues that, since Nell Cole Graves bequeathed to him all her interest in the business entity known as J. B. Cole's Pottery, as well as being the executor of her estate, he has the right to receive mail addressed to that business.

It is paramount that mail be delivered to its intended recipients. See Reynolds v. Conrad, P.S. Docket No. MD 96-211; Mendoza v. Travers, P.S. Docket No. MD 96-12. In this case, customers, vendors and others intending to transact business with J. B. Cole's Pottery presumably intend that their mailings be delivered to the business itself. That business is now owned and operated by Disputant Richard Gillson (Finding of Fact Nos. (FOF) 6, 7). Richard Gillson is also the executor of the estate of Nell Cole Graves who was the former owner of the business (FOF 3, 6). Although Disputant William Cole now owns the real property where J. B. Cole's Pottery was located, as well as the capital equipment of the business, he does not presently have (and never had) a legal interest in the business itself (FOF 2, 3, 5).

Accordingly, mail addressed to Cole's Pottery, or J. B. Cole's Pottery, P.O. Box 180, 625 Fork Creek Mill Road, Seagrove, NC 27341-8118, should be delivered as directed by Disputant Richard Gillson. There is no evidence, however, that Mr. Gillson has ever claimed any mail addressed to P.O. Box 68 in Star, NC 27356-0068. Therefore, that mail may be delivered as addressed.

This decision addresses only the right to delivery of the mail. It does not purport to address the question of ownership of the mail. If either Disputant receives mail that is obviously intended for the other party, that party should promptly forward it.

The attached delivery order should be issued.

William K. Mahn
Administrative Judge

1. Holly Hill Pottery is located near J. B. Cole's Pottery and is operated by Richard Gillson. During the last several years of her life, Nell Cole Graves turned her pots at the Holly Hill Pottery and used the J. B. Cole's Pottery as a retail establishment. (Affidavit of Richard Gillson).