Current with legislation from 2024 Fiscal and Special Sessions.
Section 28-40-302 - Proving willNo will of any testator shall be allowed to be proved as a lost or destroyed will unless:
(1) The provisions are clearly and distinctly proved by at least two (2) witnesses, a correct copy or draft being deemed equivalent to one (1) witness; and(2) The will is: (A) Proved to have been in existence at the time of the death of the testator; or(B) Shown to have been fraudulently destroyed in the lifetime of the testator.Rev. Stat., ch. 157, § 51; C. & M. Dig., § 10545; Pope's Dig., § 14563; A.S.A. 1947, § 60-304.