McCabe

Thomas G. Roche died on September 10, 1959. He owned property at Valencia and 20th Streets in San Francisco, which was under lease to Shell Oil Company. The lease contained an agreement that if the lessor received an offer for the property and decided to accept the same,- Shell would be given notice of the offer and have a specified time within which to purchase the property for the same price.

The executor of the will of decedent commenced proceedings under the Probate Code to sell the property. Shell presented a bid of $46,000. The executor accepted the bid, subject to confirmation by the court. (Prob. Code, § 755.) At the hearing, held on April 28, 1961, respondent Jennie Einsprueh made a bid of $48,800. Shell’s representative .stated that Shell was not interested in increasing this bid. The court took the matter under submission and thereafter entered its minute order on June 1, 1961, confirming the sale to Jennie Einsprueh (Prob. Code, § 785). A formal written order of confirmation was made and filed on June 20, 1961. It recites that “this Order Confirming Sale of Real Property is entered subject to the rights of the Shell Oil Company under said Lease, as Amended.”

On June…