September 23, 1992

In the Matter of a Mail Dispute Between:

WAYNE BRANCH

and

FLOYDENE MARIE GOODWIN

P. S. Docket No. MD-157

INITIAL DECISION

            This mail dispute proceeding was docketed under Domestic Mail Manual §153.72, which requires Regional Counsel to forward certain unresolved mail disputes to this Department for decision.  Neither disputant filed a written submittal under 39 C.F.R. §965.5.  The dispute concerns delivery of mail addressed to Clyde Branch, 15330 Morris Bridge Road, Thonotosassa, FL  33592-2234.  The following findings of fact and conclusions of law are based upon the letter of referral and subsequent exhibits from the Office of Field Legal Services.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

            1.  Clyde Branch died on April 12, 1992.

            2.  On May 21, 1992, Disputant Wayne Madison Branch and Esther Jane Randall were appointed by the state court as Personal Representatives of Clyde Branch’s estate, with full power to administer the estate and receive the property of the decedent.

            3.  Disputant Floydene Goodwin is the former wife of Clyde Branch.

            4.  Mail addressed to a deceased person may be delivered in accordance with the direction of an appointed executor or administrator.  Domestic Mail Manual §153.242.  Accordingly, the disputed mail should be delivered to Disputant Wayne Branch, the personal representative appointed by the Florida court.

            5.  This decision only determines the right to delivery of the mail in dispute, and not its ownership.  In the event that Wayne Branch receives mail clearly intended for Floydene Goodwin, he is responsible for forwarding such mail to her.

Randolph D. Mason

Administrative Law Judge