This section contains the nature of the case and procedural background.

H and W began living together in 1958. They had no formal marriage ceremony, and W testified that they lived together as though they were married and they considered themselves husband and wife. W adopted H's last name and changed her social security card. They told couples and friends that they were married including their relatives. H gave W a wedding band shortly after they resided together. They celebrated wedding anniversaries. They filed joint tax returns as husband and wife, and W was listed as H's wife in his life insurance policy. They had one child. H died, and the evil social security people held that W was not married and thus not entitled to widow's insurance benefits. It was determined that New York law governed their status as a widow. New York law did not recognize common law marriages, but it would accept such marriages from other states that did. Pennsylvania did, and W claimed that she contracted the marriage in Pennsylvania. The magistrate found that at best only 16 days were spent in Pennsylvania over the 21-year period and as such they did not qualify for a common law marriage. This appeal resulted.

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