Legal Opinion

Sophie Nott v. Arthur Flemming, Secretary of Health, Education and Welfare, United States of America

Court of Appeals for the Second Circuit

Decided December 1, 1959No. 25375_1PublishedCited by 18 opinions

1Opinion of the Court

WATERMAN, Circuit Judge.

Under section 202(e) of the Social Security Act, 42 U.S.C.A. § 402(e), the widow of an insured wage earner is entitled to survivor’s benefits. This case presents the issue of whether a widow who has lost her right to survivor’s benefits by virtue of a subsequent ceremonial marriage regains this right when that marriage has been annulled by a decree of a New York state court.

The undisputed facts are as follows: Appellant, Sophie Nott, was born on January 17, 1894. On November 6, 1915, she married Max Nott, with whom she lived until his death on September 14, 1949. In…

2Cases cited8 opinions

  1. Gaines v. JacobsenNew York Court of Appeals · 1954
  2. Johnson v. JohnsonNew York Court of Appeals · 1946
  3. Marion B. Folsom, Secretary of the Department of Health, Education and Welfare v. Gretta N. PearsallCourt of Appeals for the Ninth Circuit · 1957
  4. Pearsall v. FolsomDistrict Court, N.D. California · 1956
  5. Sparks v. United StatesDistrict Court, D. Vermont · 1957

3 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Flaxman v. FlaxmanSupreme Court of New Jersey · 1971
  2. Littlefield v. State, Department of Human ServicesSupreme Judicial Court of Maine · 1984
  3. Lillian R. Yeager v. Arthur S. Flemming, Secretary of Health, Education and Welfare of the United StatesCourt of Appeals for the Fifth Circuit · 1960
  4. Hodges v. HodgesCourt of Appeals of Arizona · 1978
  5. Denberg v. FrischmanAppellate Division of the Supreme Court of the State of New York · 1965

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