Hart v. Bowen

RONEY, Chief Judge:

The sole issue on this appeal is what law of intestate devolution is to be used, as to whether Stephanie W. Hart would be entitled to inherit the personal property of Thomas W. Henderson as an illegitimate child, for the purpose of establishing Hart’s right to Social Security Survivor’s benefits pursuant to 42 U.S.C.A. § 402(d). The Secretary determined that Hart would not inherit under the Alabama intestacy scheme in effect in 1978 and denied benefits. The district court held this determination to be correct. We affirm.

As an alleged illegitimate child of a fully insured…