98-4. Copy of lost will may be probated.
In counties where the original wills on file in the office of the clerk of superior court, and will books containing copies, are lost or destroyed, if the executor or any other person has preserved a copy of a will (the original being so lost or destroyed) with a certificate appended, signed by a clerk of the court in whose office the will was, or is required to be filed, stating that said copy is a correct one, this copy may be admitted to probate, under the same rules and in the same manner as now prescribed by law for proving wills. The proceedings in such cases shall be the same as though such copy was the original offered for the first time for probate, except that the clerk who signed such certificate shall, on oath, acknowledge his signature, or in case it appears that he has died or left the State, then his signature shall be proved by a competent witness; and the witness or witnesses to the original, who may be examined, shall be required to swear that he or they signed in the presence of the testator and by his direction a paper-writing purporting to be his last will and testament. (1868-69, c. 160, s. 1; Code, s. 57; Rev., s. 329; C.S., s. 368.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 98 - Burnt and Lost Records
§ 98-1 - Copy of destroyed record as evidence; may be recorded.
§ 98-2 - Originals may be again recorded.
§ 98-3 - Establishing boundaries and interest, where conveyance and copy lost.
§ 98-4 - Copy of lost will may be probated.
§ 98-5 - Copy of lost will as evidence; letters to issue.
§ 98-6 - Establishing contents of will, where original and copy destroyed.
§ 98-7 - Perpetuating destroyed judgments and proceedings.
§ 98-8 - Color of title under destroyed instrument.
§ 98-9 - Action on destroyed bond.
§ 98-10 - Destroyed witness tickets; duplicates may be filed.
§ 98-11 - Replacing lost official conveyances.
§ 98-12 - Court records as proof of destroyed instruments set out therein.
§ 98-13 - Copies contained in court records may be recorded.
§ 98-14 - Rules for petitions and motions.
§ 98-15 - Records allowed under this Chapter to have effect of original records.
§ 98-17 - Conveyances reciting court records prima facie evidence thereof.
§ 98-18 - Court records and conveyances to which Chapter extends.