Title 53, Chapter 5, Section 24
( 53-5-24)
When it appears that a will cannot be proved as otherwise provided
by law because at the time the will is offered for probate one or
more of the subscribing witnesses to the will is dead or mentally or
physically incapable of testifying or otherwise inaccessible, the
court may admit the will to probate in common or solemn form upon
the testimony in person or by affidavit or by deposition of at least
two credible disinterested witnesses that the signature to the will
is that of the individual whose will it purports to be or upon other
sufficient proof of such signature. This Code section 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 pertinent facts and
circumstances as the court may deem necessary to admit the will to
probate. |