June 15, 2005

In the Matter of a Mail Dispute Between

BOOKER T. WELLS

and

CASSANDRA ANDERSON

P.S. Docket No. MD 05-59

APPEARANCE FOR DISPUTANT BOOKER T. WELLS:

Booker T. Wells
3921 Troy Avenue

Jackson, MS 39213-5960

APPEARANCE FOR DISPUTANT CASSANDRA ANDERSON:

Thandi Wade, Esq.
Tatum & Wade, PLLC

P.O. Box 22688

Jackson, MS 39225-2688

INITIAL DECISION

This mail dispute has been docketed pursuant to Postal Operations Manual (POM 9, July 2002) 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 Clarence Wells at 502 H Street, Crosby, MS 39633-3907. The Crosby Postmaster is currently holding the mail.

Neither party filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, but both parties filed other material. The following findings of fact are based on all the material submitted by the parties, including the material forwarded by the United States Postal Service Law Department.

FINDINGS OF FACT

1. Clarence Wells died on April 10, 2005. (Obituary forwarded by postmaster).

2. On April 19, 2005, Markus C. Wells, son of Clarence Wells, was appointed administrator of his father’s estate by the Chancery Court of Hinds County, Mississippi. (Court Order attached to attorney Wade’s letter of April 22, 2005).

DECISION

When this case was docketed, the disputants were Booker T. Wells, nephew of Clarence Wells, and Cassandra Anderson, sister of Clarence Wells. At that time, Clarence Wells was in ill health and each of the disputants claimed entitlement to receive his mail because each had been appointed Conservator of Mr. Wells.

Clarence Wells has since died and his son, Markus C. Wells, has been appointed Administrator of his estate. One of the Postal Service regulatory rules applicable to mail disputes states that mail addressed to a deceased person may be forwarded to an appointed executor or administrator if a “request is filed at the Post Office.” (Postal Operations Manual (POM 9, July 2002) Section 612.42). Both disputants, as well as Markus C. Wells, were given an opportunity to comment on the applicability of this rule. None did, although it was the attorney for Cassandra Anderson who originally filed a copy of the Order appointing Markus C. Wells.

The Judicial Officer should issue an Order to the Crosby, Mississippi Postmaster that the disputed mail should be delivered to Markus C. Wells, on request to be filed at the post office.

Bruce R. Houston

Chief Administrative Law Judge