§ 33-7-24 - Taking of will from files of court – Copy retained – Proof of copy on loss of original.
SECTION 33-7-24
§ 33-7-24 Taking of will from files ofcourt – Copy retained – Proof of copy on loss of original. – The probate court in which an original will has been duly proved, allowed, andrecorded may, after the expiration of the time within which an appeal may betaken from the decree admitting the will to probate, upon the petition of theexecutor, or of a legatee named in the will, or of any person interested in theestate of the testator, and after any notice the court may require and ahearing thereon, permit the original will, if it appears to be necessary forthe purpose, to be taken from the files of the court and to be used in anotherstate, territory, district or foreign country, for the purpose of establishingthe right or title of the executor, legatee or person to the estate of thetestator in the other state, territory, district or foreign country, upon theterms and conditions as the court may prescribe. Likewise, before probate, aninstrument purporting to be a last will may be annexed to a commission fortaking depositions in proof of the same, in this or any other state, territory,district or foreign country; a photographic copy of the instrument, dulycertified, being retained on the files of the court. From any order of thecourt granting permission, for annexing a will to a commission as providedabove, no appeal shall lie. In case the original will is lost, on proof ofloss, the copy may be proved in the same manner and shall have the same effectas the original.