She was therefore precluded from asserting that the will was invalid due to her mother's mental capacity. Payne, 242 Ga. at 694; West v. Downer, 218 Ga. 235, 239-240 (3) ( 127 SE2d 359) (1962). The fact that Stout contends that she was fraudulently induced into signing the assent to probate does not change this result.

[Cit.]" West v. Downer, 218 Ga. 235, 241, 242 ( 127 S.E.2d 359). "The test of an enforceable contract is whether it is expressed in language sufficiently plain and explicit to convey what the parties agreed upon. West v. Downer, 218 Ga. 235, 241 ( 127 S.E.2d 359) (1962)." Touche Ross Co. v. DASD Corp., 162 Ga. App. 438 (1) ( 292 S.E.2d 84). "In a contract of employment the compensation to be paid is a material part, and until the parties have agreed upon a definite amount to be paid the contract is incomplete; and until each party has assented to the material parts of the contract either party has a right to withdraw therefrom.

"The first requirement of the law relative to contracts is that there must be a meeting of the minds of the parties, and mutuality ( Simpson Harper v. Sanders Jenkins, 130 Ga. 265, 60 S.E. 541; Gray v. Lynn, 139 Ga. 294, 77 S.E. 156), and in order for the contract to be valid the agreement must ordinarily be expressed plainly and explicitly enough to show what the parties agreed upon. Georgia Southern F. R. Co. v. Taylor, 142 Ga. 550 ( 82 S.E. 1058); Crawford v. Williford, 145 Ga. 550 ( 89 S.E. 488); Williams v. Manchester Bldg. Supply Co., 213 Ga. 99 ( 97 S.E.2d 129)" West v. Downer, 218 Ga. 235, 241 (5) ( 127 S.E.2d 359). In the case sub judice, the terms of McLane's oral employment contract are undisputed.

[Cits.]" West v. Downer, 218 Ga. 235, 241 (5) ( 127 S.E.2d 359) (1962). Such agreements have as their consideration the termination of family controversies.

1. Appellant is estopped from asserting that the will was not witnessed properly inasmuch as he acknowledged service and consented to the immediate probate of the will with full knowledge of its contents and the circumstances surrounding its execution. Payne v. Payne, 242 Ga. 694 ( 251 S.E.2d 283) (1978); West v. Downer, 218 Ga. 235 (3) ( 127 S.E.2d 359) (1962); Hightower v. Williams, 104 Ga. 608 ( 30 S.E. 862) (1898). 2. It is undisputed that the probate judge expressly authorized the chief clerk to affix her name to the order in view of the fact that the matter was uncontested.

Residents could enter after contacting security personnel. The first requirement of the law relative to contracts is that there must be a meeting of the minds of the parties, and mutuality [cits.], and in order for the contract to be valid the agreement must ordinarily be expressed plainly and explicitly enough to show what the parties agreed upon. [Cits.] [ West v. Downer, 218 Ga. 235 (5) ( 127 S.E.2d 359) (1962).] Inasmuch as the housing policy agreement does not express plainly and explicitly the college's willingness to undertake to protect the student dormitory residents from the criminal acts of third parties, and we are not willing to imply such an undertaking from the language of the housing policy agreement, the college was not contractually obligated to provide such protection. See Donaldson v. Olympic Spa, 175 Ga. App. 258 ( 333 S.E.2d 98) (1985).

(a) "It is well settled that agreements among the heirs at law to distribute or divide property devised under a will, in lieu of that manner provided by the will, are valid and enforceable." West v. Downer, 218 Ga. 235, 241 ( 127 S.E.2d 359) (1962). Such agreements have as their consideration the termination of family controversies.

She has not attacked the validity of her acknowledgment. See Dennis v. McCrary, 237 Ga. 605 ( 229 S.E.2d 367) (1976); West v. Downer, 218 Ga. 235 (3) ( 127 S.E.2d 359) (1962). Under these facts, appellant has not demonstrated her diligence, and she is bound by the judgment of the probate court. Code Ann. § 113-602; Rigby v. Powell, 233 Ga. 158 (3) ( 210 S.E.2d 696) (1974); Charles v. Simmons, 215 Ga. 794 ( 113 S.E.2d 604) (1960).

Where a contract is contingent on the meeting of some condition, it is not enforceable by either party until the condition has been met, but when the condition has been met, the lack of mutuality is cured. Wehunt v. Pritchett, 208 Ga. 441, 443 ( 67 S.E.2d 233) (1951); West v. Downer, 218 Ga. 235, 243 ( 127 S.E.2d 359) (1962); Stribling v. Ailion, 223 Ga. 662, 663 ( 157 S.E.2d 427) (1967); Bolton v. Barber, 233 Ga. 646 ( 212 S.E.2d 766) (1975). At the time the action for specific performance was brought, the condition precedent for the closing of the sale had been met. While the contract would have been lacking in mutuality and too uncertain to enforce at any time prior to the receipt of the deed from the Secretary of the Interior, after the happening of this event, the uncertainty and lack of mutuality had been cured.

"It is well settled that agreements among the heirs at law to distribute or divide property devised under a will, in lieu of that manner provided by the will, are valid and enforceable." West v. Downer, 218 Ga. 235, 241 ( 127 S.E.2d 359); Hancock v. Hancock, 223 Ga. 481, 486 ( 156 S.E.2d 354). Oral agreements among the heirs to settle an estate in realty are taken out of the statute of frauds by performance. Wilson v. Whitmire, 212 Ga. 287, 289 ( 92 S.E.2d 20).