State Codes and Statutes

Statutes > North-carolina > Chapter_98 > GS_98-6

§98‑6.  Establishing contents of will, where original and copy destroyed.

Any person desirous ofestablishing the contents of a will  destroyed as aforesaid, there being nocopy thereof, may file his petition in the office of the clerk of the superiorcourt, setting forth the entire contents thereof, according to the best of hisknowledge, information and belief. All persons having an interest under thesame shall be made parties, and if the truth of such petition is denied, theissues of fact shall be transferred to the superior court for trial by a jury,whether the will was recorded, and if so recorded, the contents thereof, andthe declarations of the judge shall be recorded as the will of the testator.Any devisee or legatee is a competent witness as to the contents of every partof said will, except such as may concern his own interest in the same. (1865‑6,c. 41, s. 4; Code, s. 59; Rev., s. 331; C.S., s. 370; 1973, c. 108, s. 45.)

State Codes and Statutes

Statutes > North-carolina > Chapter_98 > GS_98-6

§98‑6.  Establishing contents of will, where original and copy destroyed.

Any person desirous ofestablishing the contents of a will  destroyed as aforesaid, there being nocopy thereof, may file his petition in the office of the clerk of the superiorcourt, setting forth the entire contents thereof, according to the best of hisknowledge, information and belief. All persons having an interest under thesame shall be made parties, and if the truth of such petition is denied, theissues of fact shall be transferred to the superior court for trial by a jury,whether the will was recorded, and if so recorded, the contents thereof, andthe declarations of the judge shall be recorded as the will of the testator.Any devisee or legatee is a competent witness as to the contents of every partof said will, except such as may concern his own interest in the same. (1865‑6,c. 41, s. 4; Code, s. 59; Rev., s. 331; C.S., s. 370; 1973, c. 108, s. 45.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_98 > GS_98-6

§98‑6.  Establishing contents of will, where original and copy destroyed.

Any person desirous ofestablishing the contents of a will  destroyed as aforesaid, there being nocopy thereof, may file his petition in the office of the clerk of the superiorcourt, setting forth the entire contents thereof, according to the best of hisknowledge, information and belief. All persons having an interest under thesame shall be made parties, and if the truth of such petition is denied, theissues of fact shall be transferred to the superior court for trial by a jury,whether the will was recorded, and if so recorded, the contents thereof, andthe declarations of the judge shall be recorded as the will of the testator.Any devisee or legatee is a competent witness as to the contents of every partof said will, except such as may concern his own interest in the same. (1865‑6,c. 41, s. 4; Code, s. 59; Rev., s. 331; C.S., s. 370; 1973, c. 108, s. 45.)