§ 33-7-10. Proof of wills when subscribing witnesses unavailable.
Whenever it shall appear to a probate court, before which a purported will has been
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 will cannot be
proven as otherwise provided by law because one or more of the subscribing 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, or serving as merchant sailors, or are
dead, or mentally or physically incapable of testifying, or otherwise are unavailable
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§ 33-7-10. Proof of wills when subscribing witnesses unavailable.
Whenever it shall appear to a probate court, before which a purported will has been
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 will cannot be
proven as otherwise provided by law because one or more of the subscribing 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, or serving as merchant sailors, or are
dead, or mentally or physically incapable of testifying, or otherwise are unavailable
in the course of their service, the court may admit the will to probate upon the testimony
in person or by deposition of at least two (2) credible disinterested witnesses that
the signature to the will is in the handwriting of the person whose will it purports
to be, or upon other sufficient proof of the handwriting. The foregoing provision
shall not preclude the court, in its discretion, from requiring in addition, the testimony
in person, or by deposition, of any available subscribing witness, or proof of such
other important facts and circumstances as the court may deem necessary to admit the
will to probate.