Dolan v. Celebrezze,
381 F.2d 231 (2d Cir. 1967)


Procedure: Plaintiff wife sought review of an order of the United States District Court for the Eastern District of New York that granted summary judgment to defendant secretary and affirmed the denial of plaintiff's application for benefits under § 216(c) of the Social Security Act, 42 U.S.C.S. § 416(c), as the widow of her deceased first husband.

Facts: Elizabeth Dolan (P) was abandoned by her husband, John Dolan, and later remarried, stating on her application for a license that she was a widow. P's second husband, James Reilly, died in 1949 and she received an annuity payment as his widow. Two years later, John Dolan returned to live with P. He died in 1962 and P sought social security benefits as his widow. The secretary of health, education, and welfare (D) relied on the presumption in favor of second marriages and denied P's claim on the ground that she was not Dolan's widow. P brought suit in the United States District Court where summary judg¬ment was granted in favor of D. P appeals.

Issue: Should the presumption in favor of second marriages have the effect of disinheriting the spouse of the earlier marriage where no offsetting public policy benefits are present?

Holding:The Court of Appeals, Friendly, Circuit Judge, held that claimant for widow's social security benefits, who married first husband in 1914, who had son by first marriage, who, after being separated from first husband, remarried in 1942 with knowledge that first husband was alive, who had no child by second marriage, and who, after second husband died in 1949, again began living with first husband, sustained her burden of proving continuity of first marriage, thus entitling her to benefits as widow of first husband. Reversed with instructions to enter summary judgment for plaintiff.


Analysis: After being separated for seven years from her first husband, though no divorce was obtained, plaintiff wife remarried. After her second husband died, plaintiff resumed living with her first husband. Upon the first husband's death, plaintiff filed an application for benefits under § 216(c) of the Social Security Act, 42 U.S.C.S. § 416(c), which was denied. Plaintiff filed suit in the district court, which granted summary judgment to defendant secretary and affirmed the denial of benefits based on a finding that plaintiff was not validly married to the decedent at the time of his death. Plaintiff appealed. The court held that plaintiff rebutted the presumption in favor of the validity of the second marriage with proof that the first marriage had continued. As a result, plaintiff was entitled to summary judgment on her request for benefits. The order granting summary judgment to defendant was thus reversed, and the case was remanded with instructions that a judgment be entered for plaintiff.