July 24, 2006

In the Matter of a Mail Dispute Between

MARGIE HORTMAN

and

POLLY RABURN

P.S. Docket No. MD 06-109

APPEARANCE FOR DISPUTANT MARGIE HORTMAN:

Allen H. Olson, Esq.

Moore Clarke Duvall & Rodgers

APPEARANCE FOR DISPUTANT POLLY RABURN:

G. Leonard Liggin, Esq.

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 E. C. Raburn at P.O. Box 156, Ideal, GA 31041-0156. The Ideal Postmaster is currently holding the mail.

Both parties filed sworn written statements, as required by the Rules of Practice, 39 C.F.R. §965.5, along with some supporting documents. The following findings of fact are based on all the material submitted by the parties.

FINDINGS OF FACT

1. E. C. Raburn died on January 2, 2006. Polly Raburn is the surviving spouse, having been married to Mr. Raburn for thirteen years. Margie Hortman is Mr. Raburn’s daughter. (Hortman statement; Raburn statement).

2. Mr. Raburn’s will, executed on March 6, 2001, named his daughter, Margie Raburn Hortman as his Executor. On February 10, 2006, the will was admitted to probate in Macon County Probate Court. On February 13, 2006, the Probate Court issued Letters Testamentary, approving Ms. Hortman’s appointment as Executor. (Documents attached to Hortman statement).

DECISION

Polly Raburn’s stated position is that she did not intend to initiate a mail dispute, but only wishes to receive mail that is addressed to her by name, and mail from corporations in which she holds stock left to her by her husband in his will.

Ms. Hortman contends that, as Executor, she is entitled to all mail addressed to the decedent in order to carry out her legal duties.

POM §612.42 provides that mail addressed to a deceased person may be forwarded to an appointed executor or administrator if a request is made to the post office. Ms. Hortman has been formally appointed Executor by the Probate Court and has made such a request. Mail addressed to E. C. Raburn should be delivered to her.

This decision deals only with delivery of the mail. It does not attempt to resolve any other disputes between the parties, and has no effect on property to which Ms. Raburn may be entitled under the provisions of Mr. Raburn’s will. Further, any mail that is addressed only to Ms. Raburn is not in dispute and should be delivered to her.

The Judicial Officer should issue an Order to the Ideal Postmaster that mail addressed to E. C. Raburn at P.O. Box 156 should be delivered as directed by Margie Hortman.

Bruce R. Houston

Chief Administrative Law Judge