[Solved] A entered into a contract of sale over his undivided 1/5 of the estate of his father during the pendency of the intestate proceeding with the condition that the same shall be approved by the intestate court. Is the contract valid?

Q.	A entered into a contract of sale over his undivided 1/5 of the estate of his father during the pendency of the intestate proceeding with the condition that the same shall be approved by the intestate court. Is the contract valid?
A.	The contract is void because the right is a mere expectancy since the estate has not yet been divided.
B.	The contract is valid only if the court approves it.
C.	The contract is valid because the condition that it be approved by the court is a mere condition for performance.
D.	The contract is void because approval of the court must be obtained before the sale.
Answer» C. The contract is valid because the condition that it be approved by the court is a mere condition for performance.

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