§ 31-35. Affidavit of witness as evidence. - North Carolina Statutes

§31‑35.  Affidavit of witness as evidence.

Whenever the subscribingwitness to any will shall die, or be insane or mentally incompetent, or beabsent beyond the State, it shall be competent upon any issue of devisavit velnon to give in evidence the affidavits and proofs taken by the clerk uponadmitting the will to probate in common form, and such affidavit andproceedings before the clerk shall be prima facie evidence of the due and legalexecution of said will. (1899, c. 680, s. 2; Rev., s. 3121; C.S., s. 4160;1947, c. 781.)