The auditing judge below found, inter alia, that “itnot only does not appear that the claimant’s mother and Edward Wharton were ever actually married, but it does not appear *298that they ever lived together as man and wife or were recognized as or held themselves out to be man and wife.

“ And being of the opinion that legitimacy is based upon marriage — that it is only upon the presumption of marriage that legitimacy may be found — and that the facts upon which to base a doubt which appearing must and would be construed in favor of claimant are not present in this case — the auditing judge dismisses the claim.”

On this finding approved by the court in banc, the decree is affirmed.