When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compel the attendance of the recusant witnesses to prove the execution of the instrument.
Code 1858, § 2056 (deriv. Acts 1833, ch. 92, § 8); Shan., § 3733; Code 1932, § 7648; T.C.A. (orig. ed.), § 64-2308.
Structure 2021 Tennessee Code
Chapter 23 - Authentication of Instruments by Witnesses
§ 66-23-101. Witnesses Outside State When Maker Unavailable
§ 66-23-102. Witnesses Within State
§ 66-23-103. One Witness in State
§ 66-23-104. One Witness Competent
§ 66-23-105. Witnesses in Another State
§ 66-23-106. Witnesses Outside Country
§ 66-23-107. Testimony Before Foreign Court — Proof of Handwriting
§ 66-23-108. Subpoena for Witnesses
§ 66-23-111. Execution of Subpoena
§ 66-23-112. Liability of Witness for Failure to Attend
§ 66-23-113. Sheriff's Liability for Failure to Serve Subpoena
§ 66-23-114. Proof of Handwriting of Maker
§ 66-23-115. Proof by Handwriting of Maker or Witnesses
§ 66-23-116. Examination of Witnesses
§ 66-23-117. Form of Certificate of Probate
§ 66-23-118. Certificate Adapted to Mode of Proof
§ 66-23-119. Annexed Papers When Proof Made in Foreign Court