July 22, 2005
In the Matter of a Mail Dispute Between
ELIZABETH A. BARRETT
and
JESSE JOHNSTON
P.S. Docket No. MD 05-87
APPEARANCE FOR DISPUTANT ELIZABETH A. BARRETT:
Charles R. Meers, Esq.
429 W. Muhammad Ali Boulevard
Louisville, KY 40202-2344
APPEARANCE FOR JESSE JOHNSTON:
Melissa G. Ash, Esq.
6008 Brownsboro Park Boulevard
Louisville, KY 40207-1295
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 Edward W. Honadel, Jr., at 1100 Saint Michael Place, Louisville, KY 40204-1920. The Louisville Postmaster is currently holding the mail.
Mr. Johnston filed a sworn written statement, as required by the Rules of Practice, 39 C.F.R. §965.5, accompanied by other supporting documents. Ms. Barrett’s attorney filed a letter, accompanied by other supporting documents. Ms. Barrett also filed rebuttal, as permitted by 39 C.F.R. §965.6. The following findings of fact are based on all the material submitted by the parties, including that forwarded by the United States Postal Service Law Department, Mid-Atlantic Office.
FINDINGS OF FACT
1. Edward W. Honadel, Jr., who resided at 1100 Saint Michael Place in Louisville, Kentucky, died on January 19, 2005. Elizabeth A. Barrett is his niece. Jesse T. Johnston is his neighbor and friend. (Law Department forwarding letter).
2. On April 29, 2005, on petition of Ms. Barrett, the Probate Court of Jefferson County, Kentucky issued a Certificate of Qualification appointing Ms. Barrett Administratrix of her uncle’s estate. (Certificate attached to Barrett submission).
3. On June 16, 2005, Mr. Johnston filed a will executed by Mr. Honadel on January 8, 2005, along with a Petition for Probate, with the Jefferson County Probate Court. The will named Mr. Johnston as Executor. (Johnston statement with will and petition attached).
4. On June 22, 2005, the Probate Court found that the will satisfied the “self-proving” requirements of Kentucky law, ordered it probated and, in an Order signed by a judge, appointed Mr. Johnston as the Executor. (Order attached to Johnston statement).
DECISION
Mr. Johnston’s position is that Mr. Honadel’s will named him as Executor, the will has been probated, and the Probate Court Judge issued an Order appointing him the Executor of Mr. Honadel’s estate.
Ms. Barrett’s argument is that Mr. Johnston made a false statement in his petition for probate by swearing to all the information on the petition form, including the following: “Petitioner states there has been no previous administration in the Decedent’s estate in Kentucky or elsewhere.” Ms. Barrett claims that Mr. Johnston well knew that she had previously been appointed Administratrix. Ms. Barrett, through her attorney, also stated that a lawsuit will be filed, challenging Mr. Johnston’s appointment.
I find Mr. Johnston’s argument more persuasive. One of the Postal Service’s 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). Postal Service rules also require that the Postal Service defer to a court ruling that directs delivery of mail. (POM Section 616.3). The Jefferson County Probate Court has not ruled specifically on entitlement to Mr. Honadel’s mail, but the court’s acceptance of the will for probate, and appointment of Mr. Johnston as Executor in accordance with the terms of the will, carries more weight than the earlier appointment of Ms. Barrett. Any challenge to the court’s Order must come in that court.
The Judicial Officer should issue an order to the Louisville Postmaster that the disputed mail should be delivered as directed by Jesse T. Johnston.
Bruce R. Houston
Chief Administrative Law Judge