§ 98-4. Copy of lost will may be probated.
§98‑4. Copy of lost will may be probated.
In counties where the originalwills on file in the office of the clerk of superior court, and will bookscontaining copies, are lost or destroyed, if the executor or any other personhas preserved a copy of a will (the original being so lost or destroyed) with acertificate appended, signed by a clerk of the court in whose office the willwas, or is required to be filed, stating that said copy is a correct one, thiscopy may be admitted to probate, under the same rules and in the same manner asnow prescribed by law for proving wills. The proceedings in such cases shall bethe same as though such copy was the original offered for the first time forprobate, except that the clerk who signed such certificate shall, on oath,acknowledge his signature, or in case it appears that he has died or left theState, then his signature shall be proved by a competent witness; and thewitness or witnesses to the original, who may be examined, shall be required toswear that he or they signed in the presence of the testator and by hisdirection a paper‑writing purporting to be his last will and testament. (1868‑69,c. 160, s. 1; Code, s. 57; Rev., s. 329; C.S., s. 368.)