98-5. Copy of lost will as evidence; letters to issue.
In any action or proceeding at law, where it becomes necessary to introduce such will to establish title, or for any other purpose, a copy of the will and of the record of the probate, with a certificate signed by the clerk of the superior court for the county where the will may be recorded, stating that said record and copy are full and correct, shall be admitted as competent evidence; and when a copy of a will is admitted to probate, the clerk shall thereupon issue letters testamentary. (1868-69, c. 160, s. 2; Code, s. 58; Rev., s. 330; C.S., s. 369.)
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.