98-6. Establishing contents of will, where original and copy destroyed.
Any person desirous of establishing the contents of a will destroyed as aforesaid, there being no copy thereof, may file a petition in the office of the clerk of the superior court, setting forth the entire contents thereof, according to the best of the person's knowledge, information and belief. All persons having an interest under the same shall be made parties, and if the truth of such petition is denied, the issues of fact shall be transferred to the superior court for trial by a jury, whether the will was recorded, and if so recorded, the contents thereof, and the declarations of the judge shall be recorded as the will of the testator. Any devisee is a competent witness as to the contents of every part of said will, except such as may concern his own interest in the same. (1865-6, c. 41, s. 4; Code, s. 59; Rev., s. 331; C.S., s. 370; 1973, c. 108, s. 45; 2011-284, s. 68.)
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.