Dolan v. Celebrezze

381 F.2d 231 (2nd Cir. 1967)

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Nature of the Case

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Facts

W married H in 1914. A son, Howard, was born to the marriage. H left to work in Peru and returned in 1920-21 for six months and then took his wife and son to Peru with him. W and the son returned to New York, and H joined them in 1925-26. A year later he returned to South America. After a year, all contact with H ceased, and when they contacted his employer, they found that his whereabouts were unknown. W took up living with another man but eventually guess who showed up in 1936, H. W and her new lover decided on marriage and her license recited that she was a widow. W's new husband died in 1949 and W got retirement benefits. Two years later H appeared again, and they finally got back together again. After H's death, the son made a claim for burial expenses. The son made the affidavit out that he was H's nephew as his father had determined years earlier to label his son. There was no evidence of a divorce or annulment. The Railroad Retirement board asked for its money back and W claimed poverty. Summary judgment was given against W based on the validity of the second marriage, and this appeal resulted.