64.1-87 - When deposition of witness may be taken and read on probate of will. - Virginia Statutes

§ 64.1-87. When deposition of witness may be taken and read on probate ofwill.

When any will, or authenticated copy thereof, is offered for probate, and awitness attesting the same, or in event the will be wholly in the handwritingof the testator, a witness to prove such handwriting, resides out of thisCommonwealth, or though in this Commonwealth is confined in another county orcorporation under legal process, or is unable from sickness, age or any othercause to attend before the court or clerk where the same is offered, the samemay be proved by the deposition of the witness or witnesses, which shall betaken and certified as depositions are taken in other cases, except that nonotice need be given of the time and place of taking the same, unless it bein a case in which the probate is opposed by some person who has made himselfa party; and the proof so given shall have the same effect as if it had beengiven before such court or clerk. For the purpose of making such proof theparty offering such will or copy shall be permitted to withdraw temporarilythe original thereof upon leaving an attested copy with such court or clerk,or, in the discretion of the clerk, the party may be given a certified copyof the original. Such deposition may be taken prior to the time that the willis offered for probate, and the deposition filed at the same time the will isoffered, provided, that if probate is opposed by some person who has madehimself a party, such person shall have the right to examine such witness.

(Code 1950, § 64-83; 1966, c. 314; 1968, c. 656; 1981, c. 183.)