§ 33-7-24. Taking of will from files of court — Copy retained — Proof of copy on loss of original.
The probate court in which an original will has been duly proved, allowed, and recorded may, after the expiration of the time within which an appeal may be taken from the decree admitting the will to probate, upon the petition of the executor, or of a legatee named in the will, or of any person interested in the estate of the testator, and after any notice the court may require and a hearing thereon, permit the original will, if it appears to be necessary for the purpose, to be taken from the files of the court and to be used in another state, territory, district or foreign country, for the purpose of establishing the right or title of the executor, legatee or person to the estate of the testator in the other state, territory, district or foreign country, upon the terms and conditions as the court may prescribe. Likewise, before probate, an instrument purporting to be a last will may be annexed to a commission for taking depositions in proof of the same, in this or any other state, territory, district or foreign country; a photographic copy of the instrument, duly certified, being retained on the files of the court. From any order of the court granting permission, for annexing a will to a commission as provided above, no appeal shall lie. In case the original will is lost, on proof of loss, the copy may be proved in the same manner and shall have the same effect as the original.
History of Section.C.P.A. 1905, § 795; G.L. 1909, ch. 310, § 15; G.L. 1923, ch. 361, § 15; G.L. 1938, ch. 572, § 15; G.L. 1956, § 33-7-24.
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 Repealed.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.