A.- B. v. C.- D.

Defendant-appellee was married to plaintiff-appellant’s present wife at the time she conceived and bore a son. She thereafter divorced defendant and married plaintiff. In the divorce decree she was awarded custody of the son as a child of the marriage. Plaintiff-appellant brought this declaratory judgment action to have himself declared the *537legitimate father of the child. The rationale of the action is that the child was born illegitimate, (or “out of wedlock”), by reason of the fact that its mother's then husband is not its biological father1, and that it has been legitimatized as…