In this case, the district court held that a now deceased former wage-earner, Andrew A. Miller, entered into an agreement with Pauline Furber, appellee [then the divorced wife of John Marti], in September of 1939, to live together as common-law husband and wife; that, thereupon, they entered into that status and lived together continuously until his death on April 21, 1944, during which time they held themselves out to their relatives and friends, as well as to strangers, as husband and wife; that two children were born of their relationship, namely, Roberta Miller (born August 30, 1940) and Allen Miller (born July 12, 1943) ; and that their common-law father, Andrew A. Miller, “acknowledged them to be his children by every conceivable means thereby legitimatizing said children under the laws of the State of Ohio.”
The district court denied the motion of appellant for summary judgment and granted the motion of the appellee, mother of the minor children, for summary judgment, recognizing Roberta and Allen Miller to be entitled to social security benefits under the Social Security Act as the legitimate children of the wage-earner, Andrew A. Miller. It was held that child’s insurance benefits were awarded to Roberta and Allen Miller [minor-claimants] as the children of the fully or currently insured wage-earner, Andrew Miller, [as defined under the Social Security Act] from and after April 29, 1944, which was the date on which Pauline Miller [later Furber], claimant, applied for widow’s insurance benefits for herself and for child’s insurance benefits for each of the two children, Roberta and Allen Miller.
United States District Judge Connell, highly experienced in the interpretation of Ohio law, in a logically reasoned opinion discussed the applicability and meaning of such law and decided that the children fell within the provisions of the Ohio Revised Code, section 2105.18, and were therefore entitled to Social Security benefits under the Social Security Act, 42 U.S.C.A. § 301 et seq.
The Ohio statute provides: “When by a woman a man has one or more children, and afterwards intermar-*122ríes with her, such issue, if acknowledged by him as his child or children, will be legitimate. The issue of parents whose marriage is null in law, shall nevertheless be legitimate.” Gen.Code, § 10503-15. The district judge well stated that the reason and spirit of that section of the Ohio Code “is to legitimatize children; to permit legitimatized children to inherit from the father as well as the mother; and to protect innocent offspring from punishment for the sins committed by their parents.” The following Ohio authorities were cited: Wright v. Lore, 12 Ohio St. 619; Carmichael v. State, 12 Ohio St. 553; Clinton County Nat. Bank & Trust v. Todhunter, 43 Ohio App. 289, 183 N.E. 88; Bates v. State, 9 Ohio Cir.Ct.R.N.S., 273.
The district court also quoted 26 O.Jur. 93, to the effect that in a civil action a marriage may be established by showing that the parties lived together, and cohabited as husband and wife for a series of years; and that they were so treated and reputed to be in the community and circle wherein they moved, although no witnesses testified that they saw the couple marry.
Pauline Miller Furber testified that on the day he returned from a three or four months’ trip West, Miller told her that he had been divorced from his wife so that they could be married. Asked why they had not had a “ceremonial marriage,” she replied that Miller told her they would live together as man and wife for a while, which would be legal, until he arranged his financial affairs, whereupon they would be married in church. She said that she loved the man and took him at his word. She stated further that Miller put his hand on a Bible and asked, “Pauline, will you take this man for your wedded husband?” She testified that she had replied : “I take Andrew for my husband”; that he then “reversed the words” and said, “I take Pauline as my wife.”
Upon consideration of the entire record in the case and of the opinion of the district judge, we affirm his judgment.