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A public reference institution of the State of North Carolina's law

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N.C.G.S. § 31-35

Affidavit of witness as evidence.

Effective date
2026-08-08
Last verified
2026-08-09
Source
official source
Revision history
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Whenever the subscribing witness to any will shall die, or be mentally incompetent, or be absent beyond the State, it shall be competent upon any issue of devisavit vel non to give in evidence the affidavits and proofs taken by the clerk upon admitting the will to probate in common form, and such affidavit and proceedings before the clerk shall be prima facie evidence of the due and legal execution of said will. (1899, c. 680, s. 2; Rev., s. 3121; C.S., s. 4160; 1947, c. 781; 2011-344, s. 8.)

Reviewed 2026-08-09 · source_verified