Renshaw v. Heckler,
787 F.2d 50 (2d Cir. 1986).



Procedural: Plaintiff widow appealed the judgment of the United States District Court for the Western District of New York, which affirmed the decision of defendant Secretary of the United States Department of Health and Human Services that dismissed her complaint and held that she was not the legal widow of the decedent and not entitled to widow's insurance benefits under the Social Security Act

Facts: Renshaw (P) brought suit for widow's insurance benefits under Title II of the Social Security Act, claiming to be the common law wife of the decedent. The parties lived together openly as husband and wife for 21 years until the alleged husband's death. During this time they were domiciled in Maryland and New York. Neither state recognized common law marriages contracted in that state. On approximately eight occasions between 1968 and 1975, the parties spent the night in a motel in Pennsylvania, a state recognizing common law marriages contracted there. The trial court determined that under Pennsylvania law P was not the common law wife of the decedent. P appeals.

Issue: May a valid common law marriage be contracted by nonresident visitors to a state allowing the contracting of common law marriages?

Holding: Appeal was taken from judgment of the United States District Court for the Western District of New York affirming decision of Secretary of Health and Human Services that claimant was not legal widow of decedent and therefore not entitled to widow's insurance benefits and dismissing complaint. The Court of Appeals, George C. Pratt, Circuit Judge, held that claimant entered common-law marriage with decedent, under Pennsylvania law, during their travels through that state, and was entitled to benefits. Reversed and remanded.

Analysis:New York law governs P's status as a widow under the Social Security Act because New York was the decedent's domicile. Although New York does not recognize common law marriages contracted in New York, New York does recognize common law marriages validly contracted in other states. Pennsylvania law is the appropriate law to apply since P claims she contracted the common law marriage with decedent there during their travels through the state. An agreement in praesenti to be husband and wife is essential to establish a common law marriage. When established by satisfactory proof, Pennsylvania law infers such an agreement based on a couple's reputation and their cohabitation in the community where they live. Although the evidence as to cohabitation and reputation while in Pennsylvania was not extensive, New York courts have recognized valid common law marriages under similar factual situations when its residents made short stays to Pennsylvania.