September 18, 1990

In the Matter of a Mail Dispute Between:

ETHEL M. FRY

and

ISMAEL PATINO HERRERA

P. S. Docket No. MD-94

APPEARANCE FO ETHEL M. FRY:

George A. Willson, Esq.

3400 East Florence Avenue

Huntington Park, CA  90255-5835

APPEARANCE FOR ISMAEL PATINO HERRERA:

Ismael Patino Herrera, Pro Se

P. O. Box 1308

Norwalk, CA  90651-1308

INITIAL DECISION

            This mail dispute has been forwarded by the Office of Field Legal Services, Western Division, pursuant to Domestic Mail Manual (DMM) §157.72 and 39 C.F.R. Part 965.  The parties dispute the right to delivery of mail addressed to Richard Hutchinson at 9325 Otis Street, South Gate, CA  90280.

            Disputant Fry has filed a submittal pursuant to §965.5 of the Rules of Practice.  Disputant Herrera has not filed such a submittal nor has he filed comments on Ms. Fry’s submittal.

FINDINGS OF FACT

            1.  The disputants are Ethel M. Fry, c/o George A. Willson, Esq., 3400 East Florence Avenue, Huntington Park, CA  90255-5835, and Ismael Patino Herrera, P. O. Box 1308, Norwalk, CA  90651-1308

            2.  Disputant Herrera was appointed temporary conservator of the person and estate of Richard Hutchinson on March 20, 1990, by the Superior Court of the State of California, County of Los Angeles.  His letters of conservatorship expired by their terms on May 4, 1990.  Mr. Hutchinson’s address was 9325 Otis Street, South Gate, CA  90280.

            3.  On March 23, 1990, Mr. Herrera filed with the Postmaster at South Gate, CA an order changing the address for delivery of Richard Hutchinson’s mail from the Otis Street address to P. O. Box 1308, Norwalk, CA  90651.

            4.  Richard Hutchinson died on April 25, 1990.  On April 30, 1990, attorney George A. Willson wrote to the South Gate postmaster, advising him of the death of Mr. Hutchinson and requesting that mail addressed to him be delivered to Ethel M. Fry, Executor, in care of Mr. Willson’s office.

            5.  The postmaster treated Mr. Herrera’s change of address order and Mr. Willson’s letter as conflicting claims to delivery of Mr. Hutchinson’s mail.

            6.  Disputant Fry was appointed executor of the estate of Richard Hutchinson on June 19, 1990, with letters testamentary granting her full authority to administer the estate.

            7.  Through her attorney George A. Willson, disputant Fry as executor, has requested in her submittal that all mail addressed to Richard Hutchinson at 9325 Otis Street, South Gate, CA  90280 be delivered to his widow Judy McGuire, a/k/a Judy McGuire Hutchinson, at the same address.

DECISION

            1.  Disputant Herrera, having failed to file a submittal under the rules, is in default (§965.7).

            2.  Any right disputant Herrera may have had to direct the delivery of the disputed mail terminated with Mr. Hutchinson’s death and/or the expiration of Mr. Herrera’s letters of conservatorship on May 4, 1990.

            3.  Thereafter, disputant Fry as executor of Mr. Hutchinson’s estate had the right to direct delivery of such mail.

            4.  In accordance with Ms. Fry’s direction contained in her submittal herein, all mail addressed to Richard Hutchinson is to be delivered to his widow at the Otis Street address or as directed by her.

            5.  The attached mail delivery order should be issued.

                                                                                    Quentin E. Grant

                                                                                    Chief Administrative Law Judge