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This entry was published on 2014-09-22
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Proof of will by affidavit of attesting witness out of court 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 14
§ 1406. Proof of will by affidavit of attesting witness out of court

1. In addition to other procedures prescribed for the proof of wills,
any or all of the attesting witnesses to a will may at the request of
the testator or after his death, at the request of the executor named in
the will or of the proponent or the attorney for the proponent or of any
person interested, make an affidavit before any officer authorized to
administer oaths stating such facts as would if uncontradicted establish
the genuineness of the will, the validity of its execution and that the
testator at the time of execution was in all respects competent to make
a will and not under any restraint. The sworn statement of a witness so
taken shall be accepted by the court as though it had been taken before
the court, unless:

(a) a party entitled to process in the proceeding raises objection
thereto or

(b) for any other reason the court may require that the witness or
witnesses be produced and examined.

2. For the purposes of making the affidavit referred to in this
section, after the death of the testator, the exhibition to the
witnesses of a court-certified photographic reproduction of the will
shall be deemed equivalent to the exhibition to them of the original