State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-21

O.C.G.A. 53-3-21 (2010)
53-3-21. (Pre-1998 Probate Code) Examination of witnesses by written interrogatories; use of photostatic copy of will; construction of Code section


(a) In all proceedings for the probate of a will, witnesses to the will may be examined by written interrogatories submitted by the petitioner or by his attorney, which interrogatories shall be answered under oath, in writing, before any person authorized by law to administer oaths, and returned to the judge of the probate court of the county in which the petition for probate is pending.

(b) Where the testimony of a witness to a will is taken by interrogatories as authorized by this Code section, a photostatic copy of the will may be attached to the interrogatories exhibited to the witness at the time of taking his testimony and returned to the judge of the probate court with the interrogatories. The testimony of a witness to whom a photostatic copy has been exhibited shall be given the same weight as though the original will had been exhibited to the witness.

(c) This Code section shall be construed as providing additional means or methods of taking the testimony of a subscribing witness to a will in proceedings for the probate of the will. The taking or procuring of testimony of the subscribing witnesses in the manner prescribed by this Code section shall be sufficient for all purposes of the probate proceedings, notwithstanding any other statute.

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-21

O.C.G.A. 53-3-21 (2010)
53-3-21. (Pre-1998 Probate Code) Examination of witnesses by written interrogatories; use of photostatic copy of will; construction of Code section


(a) In all proceedings for the probate of a will, witnesses to the will may be examined by written interrogatories submitted by the petitioner or by his attorney, which interrogatories shall be answered under oath, in writing, before any person authorized by law to administer oaths, and returned to the judge of the probate court of the county in which the petition for probate is pending.

(b) Where the testimony of a witness to a will is taken by interrogatories as authorized by this Code section, a photostatic copy of the will may be attached to the interrogatories exhibited to the witness at the time of taking his testimony and returned to the judge of the probate court with the interrogatories. The testimony of a witness to whom a photostatic copy has been exhibited shall be given the same weight as though the original will had been exhibited to the witness.

(c) This Code section shall be construed as providing additional means or methods of taking the testimony of a subscribing witness to a will in proceedings for the probate of the will. The taking or procuring of testimony of the subscribing witnesses in the manner prescribed by this Code section shall be sufficient for all purposes of the probate proceedings, notwithstanding any other statute.

State Codes and Statutes

State Codes and Statutes

Statutes > Georgia > Title-53 > Chapter-3 > Article-1 > 53-3-21

O.C.G.A. 53-3-21 (2010)
53-3-21. (Pre-1998 Probate Code) Examination of witnesses by written interrogatories; use of photostatic copy of will; construction of Code section


(a) In all proceedings for the probate of a will, witnesses to the will may be examined by written interrogatories submitted by the petitioner or by his attorney, which interrogatories shall be answered under oath, in writing, before any person authorized by law to administer oaths, and returned to the judge of the probate court of the county in which the petition for probate is pending.

(b) Where the testimony of a witness to a will is taken by interrogatories as authorized by this Code section, a photostatic copy of the will may be attached to the interrogatories exhibited to the witness at the time of taking his testimony and returned to the judge of the probate court with the interrogatories. The testimony of a witness to whom a photostatic copy has been exhibited shall be given the same weight as though the original will had been exhibited to the witness.

(c) This Code section shall be construed as providing additional means or methods of taking the testimony of a subscribing witness to a will in proceedings for the probate of the will. The taking or procuring of testimony of the subscribing witnesses in the manner prescribed by this Code section shall be sufficient for all purposes of the probate proceedings, notwithstanding any other statute.