Estate of Bazzuro

This is an appeal from an order confirming a sale of real estate made by the administrator of the estate of the decedent in pursuance of a previous order of sale.

The appellant is a niece of the decedent and is entitled to a share of his estate. She opposed the confirmation on the ground that the real estate, a lot in San Francisco, was not subject to sale by the administrator, and that the price for which it was sold was grossly inadequate.

One ground on which the sale was asked and ordered was that it was for the best interests of the heirs of the decedent that such-sale should be made because of the fact that some of them lived in Italy and others in San Francisco. The fact that it was for the advantage and best interests of the heirs that a sale of real property should be had was made a ground of sale in 1893, by an amendment of sections 1536 and 1545 of the Code of Civil Procedure (Stats. 1893, p. 212). Francesco Bazzuro died intestate in 1879. In 1893 the title to the real and personal property of which he died seised had already vested in his heirs. At the time it so vested the probate court had no power in administration proceedings to order a sale of real property owned…