§ 53-3-18 - (Pre-1998 Probate Code) Probate when one or more subscribing witnesses unavailable - Georgia Statutes

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-18

O.C.G.A. 53-3-18 (2010)
53-3-18. (Pre-1998 Probate Code) Probate when one or more subscribing witnesses unavailable

When it appears to the court that a will cannot be proved 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 as merchant seamen, or are dead or mentally or physically incapable of testifying, or are otherwise unavailable, in the course of such service, the court may admit the will to probate upon the testimony in person or by deposition of at least two 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 such handwriting. 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.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-18

O.C.G.A. 53-3-18 (2010)
53-3-18. (Pre-1998 Probate Code) Probate when one or more subscribing witnesses unavailable

When it appears to the court that a will cannot be proved 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 as merchant seamen, or are dead or mentally or physically incapable of testifying, or are otherwise unavailable, in the course of such service, the court may admit the will to probate upon the testimony in person or by deposition of at least two 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 such handwriting. 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.

State Codes and Statutes

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State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-18

O.C.G.A. 53-3-18 (2010)
53-3-18. (Pre-1998 Probate Code) Probate when one or more subscribing witnesses unavailable

When it appears to the court that a will cannot be proved 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 as merchant seamen, or are dead or mentally or physically incapable of testifying, or are otherwise unavailable, in the course of such service, the court may admit the will to probate upon the testimony in person or by deposition of at least two 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 such handwriting. 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.