Jean A. Kilby, on Her Own Behalf and on Behalf of Jane L. Kilby v. Marion D. Folsom, Secretary of Health, Education and Welfare of the United States

GOODRICH, Circuit Judge.

The plaintiff in this appeal is seeking recovery of Social Security benefits. The case hinges upon the question whether plaintiff’s foster daughter, Jane, is the “child” of plaintiff's deceased husband Ralph M. Kilby, within the meaning of that word as used in the Social Security Act. 1 Jane qualifies as a “child” of Ralph M. Kilby only if she would be entitled to a child’s share in his intestate estate under the laws of Pennsylvania which was the decedent’s domicile at his death. 2 Plaintiff lost before the referee and before the District Court for the Eastern…