§ 2503 — Commission to take deposition

(a) If the attendance of a witness to a will cannot be procured because of the witness’ sickness, age, infirmity, imminent departure from the State, being beyond the reach of process or any other reason deemed satisfactory to the Register of Wills, the Register may award a commission to take the deposition of such witness.

(b) The commission may be issued on interrogatories filed, or the Register may make any order deemed proper concerning the issuance or execution of the commission.

Legislative History

Code 1852, § 1818; Code 1915, § 3371; Code 1935, § 3836; 12 Del. C. 1953, § 2503; 59 Del. Laws, c. 384, § 1 ; 70 Del Laws, c. 186,, § 1