§ 33-7-10 - Proof of wills when subscribing witnesses unavailable.
SECTION 33-7-10
§ 33-7-10 Proof of wills when subscribingwitnesses unavailable. – Whenever it shall appear to a probate court, before which a purported will hasbeen presented for probate, and whenever it shall appear to the superior court,before which a petition for probate of a will is pending on appeal, that a willcannot be proven as otherwise provided by law because one or more of thesubscribing witnesses to the will, at the time the will is offered for probate,are serving in or present with the armed forces of the United States, orserving as merchant sailors, or are dead, or mentally or physically incapableof testifying, or otherwise are unavailable in the course of their service, thecourt may admit the will to probate upon the testimony in person or bydeposition of at least two (2) credible disinterested witnesses that thesignature to the will is in the handwriting of the person whose will itpurports to be, or upon other sufficient proof of the handwriting. Theforegoing provision shall not preclude the court, in its discretion, fromrequiring in addition, the testimony in person, or by deposition, of anyavailable subscribing witness, or proof of such other important facts andcircumstances as the court may deem necessary to admit the will to probate.