§ 33-7-10. Proof of wills when subscribing witnesses unavailable.
Whenever it shall appear to a probate court, before which a purported will has been presented for probate, and whenever it shall appear to the superior court, before which a petition for probate of a will is pending on appeal, that a will cannot be proven as otherwise provided by law because one or more of the subscribing witnesses to the will, at the time the will is offered for probate, are serving in or present with the armed forces of the United States, or serving as merchant sailors, or are dead, or mentally or physically incapable of testifying, or otherwise are unavailable in the course of their service, the court may admit the will to probate upon the testimony in person or by deposition of at least two (2) credible disinterested witnesses that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of the handwriting. The foregoing provision shall not preclude the court, in its discretion, from requiring in addition, the testimony in person, or by deposition, of any available subscribing witness, or proof of such other important facts and circumstances as the court may deem necessary to admit the will to probate.
History of Section.P.L. 1944, ch. 1420, § 1; G.L. 1956, § 33-7-10.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-7 - Custody and Probate of Wills
Section 33-7-1 - — 33-7-4. Repealed.
Section 33-7-5. - Duty of person in possession of will to deliver into court.
Section 33-7-6. - Investigation of alleged concealment of will.
Section 33-7-7. - Penalty for theft, destruction, or concealment of will.
Section 33-7-8. - Proof of will of nonresident.
Section 33-7-9. - Notice to executors of petition for probate.
Section 33-7-10. - Proof of wills when subscribing witnesses unavailable.
Section 33-7-11. - Provisions of § 33-7-10 supplemental.
Section 33-7-12. - Compromise of controversies pending probate.
Section 33-7-13. - Action to confirm compromise.
Section 33-7-14. - Representation of parties under disability.
Section 33-7-15. - Representation of contingent interests and charitable gifts.
Section 33-7-16. - Decree confirming compromise.
Section 33-7-17. - Certification of decree and compromise.
Section 33-7-18. - Request to record foreign probated will.
Section 33-7-19. - Notice of offer of foreign will.
Section 33-7-20. - Order approving foreign will — Effect on real estate titles.
Section 33-7-21. - Effect of recording of foreign will — Granting of letters.
Section 33-7-22. - Proof of foreign will not required to be probated in domicile.
Section 33-7-23. - Probate conclusive as to execution.