Appeal of MRS. WARREN J. MORGAN, SR. and MR. WILLIAM R. MORGAN -- P.S. Docket No. MD-216

Administrative Law Judges

In the Matter of a Mail Dispute Between:	)	May 18, 1994
						)
MRS. WARREN J. MORGAN, SR. 			)
						)
	and					)
						)
MR. WILLIAM R. MORGAN 				)	P.S. Docket No. MD-216

APPEARANCE FOR DISPUTANT 
  MRS. WARREN J. MORGAN, SR.:			None

APPEARANCE FOR DISPUTANT
  MR. WILLIAM R. MORGAN:			None

INITIAL DECISION

This mail dispute has been docketed pursuant to Domestic Mail Manual Transition Book (DMM) §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 Mr. Warren J. Morgan, Sr., 4475 Quince, Memphis, TN 38117-6155, is presently being held by the Postmaster, Memphis, TN 38101-9998. Both disputants have submitted the sworn statements required by 39 C.F.R. §965.5.

Findings of Fact

1. On December 29, 1993, Warren J. Morgan, Sr., while hospitalized, executed a P.S. Form 3575, "Change of Address Order," instructing the Postal Service to forward all of his mail addressed to 4475 Quince, Memphis, TN 38117, to his son William R. Morgan's address at 9569 Sequoia Cove, Arlington, TN 38002 (Field Counsel submission).

2. On December 31, 1993, Warren J. Morgan, Sr., while hospitalized, executed a power of attorney on a National Bank of Commerce form designating his son, William R. Morgan, as his attorney-in-fact to perform all banking transactions with regard to any and all accounts maintained with the Bank (William R. Morgan submission).

3. On January 1, 1994, Warren J. Morgan, Sr., while hospitalized, executed a "Durable General Power of Attorney" in Tennessee, naming William R. Morgan as his lawful attorney-in-fact with designated powers, including broad general powers (Field Counsel submission).

4. The preponderance of evidence in the record indicates that Warren J. Morgan, Sr., executed the documents described in Findings of Fact Nos. 1-3, supra, of his own free will and was competent to understand their contents (William R. Morgan submission).

5. At some time during Mr. Morgan's hospitalization, William R. Morgan went to the residence of Warren Morgan, Sr., while the wife of Mr. Morgan, Sr., Disputant Mrs. Morgan, Sr., was at home and asked for and received Mr. Morgan, Sr.'s, security box. At that time Mrs. Morgan, Sr., did not object to William Morgan's right to possession of the security box (Mrs. Warren J. Morgan, Sr., submission).

6. Warren J. Morgan, Sr., died on January 6, 1994, apparently intestate (Id.).

7. Both Mr. William R. Morgan and Mrs. Warren J. Morgan, Sr., seek delivery of the mail addressed to Warren J. Morgan, Sr., at the 4475 Quince, Memphis, TN, address. Mr. Morgan bases his request for delivery of his father's mail on the two powers of attorney Mr. Morgan, Sr., executed and the P.S. Form 3575. Mrs. Morgan bases her request on the fact that she was the wife of Mr. Morgan, Sr., and her contention that he was mentally incapable of rationally executing the two powers of attorney or the Form 3575.

Conclusions of Law

1. As a general rule the death of a principal operates as an instantaneous and absolute revocation of an agent's authority or power. 3 Am. Jur. 2d, Agency §55. Accord Commercial Nursery Co. v. Ivey, 164 Tenn. 502, 51 S.W.2d 238 (1932).

2. The powers of attorney designating William R. Morgan as the attorney-in-fact of Mr. Morgan, Sr., were thus revoked upon the death of Mr. Morgan, Sr.

3. Neither party claims the right to delivery of the mail as the personal representative of the estate of Warren J. Morgan, Sr., as Mr. Morgan, Sr., apparently died intestate.

4. The evidence in the record submitted by Disputant William R. Morgan indicates that Warren R. Morgan, Sr., executed the powers of attorney and the P.S. Form 3575 of his free will and understood their contents. Mrs. Morgan, Sr., presented no credible evidence to the contrary.

5. The mail in dispute should be forwarded to William R. Morgan at 9569 Sequoia Cove, Arlington, TN 38002, as the most probable intended recipient as established by the execution by Warren J. Morgan, Sr. of the P.S. Form 3575 on December 29, 1993. The powers of attorney, although now revoked, evidence a similar intent.

6. Resolution of this dispute determines only the right to delivery of the mail. If Mr. William R. Morgan receives any mail intended for Mrs. Warren J. Morgan, Sr., he is responsible for forwarding such mail to Mrs. Morgan.

7. The attached mail delivery order should be issued.

					James D. Finn, Jr.
					Administrative Judge