In Re 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…