2018 North Carolina General Statutes
Chapter 31 - Wills
Article 6 - Caveat to Will.
§ 31-35 - Affidavit of witness as evidence.

Universal Citation: NC Gen Stat § 31-35 (2018)

31-35. Affidavit of witness as evidence.

Whenever the subscribing witness to any will shall die, or be mentally incompetent, or be absent beyond the State, it shall be competent upon any issue of devisavit vel non to give in evidence the affidavits and proofs taken by the clerk upon admitting the will to probate in common form, and such affidavit and proceedings before the clerk shall be prima facie evidence of the due and legal execution of said will. (1899, c. 680, s. 2; Rev., s. 3121; C.S., s. 4160; 1947, c. 781; 2011-344, s. 8.)


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