Estate of Benvenuto

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

The administrator did not file any petition for an order authorizing a sale, nor was such order ever made. He filed a return of the sale and asked confirmation thereof by the court. Notice of the hearing on the return was given as pro vided by section 1552 of the Code of Civil Procedure as amended in 1919. At the hearing the court made findings in accordance with the allegations of the return, 'and thereupon confirmed the sale. Herein the administrator and the court below proceeded under the authority of the provisions of the act which took effect July 25, 1919, amending sections 1516, 1517, 1522, 1523, 1525, 1536, 1545, 1547, 1549, 1552, 1564, 1555, 1559, 1565 and 1570 of the Code of Civil Procedure, and of the act taking effect on the same date repealing sections 1537, 1538, 1539, 1540, 1542, 1543 and 1544. (Stats. 1919, p. 1177.)

The decedent ‘ died intestate on November 22, 1911. His property, of course, descended to and vested in his heirs at that date, subject to administration in accordance with the law then in force. It is contended by the appellant,…