TITLE 33
Probate practice and procedure
CHAPTER 33-7
Custody and Probate of Wills
SECTION 33-7-24
§ 33-7-24 Taking of will from files of
court Copy retained Proof of copy on loss of original.
The probate court in which an original will has been duly proved, allowed, and
recorded may, after the expiration of the time within which an appeal may be
taken from the decree admitting the will to probate, upon the petition of the
executor, or of a legatee named in the will, or of any person interested in the
estate of the testator, and after any notice the court may require and a
hearing thereon, permit the original will, if it appears to be necessary for
the purpose, to be taken from the files of the court and to be used in another
state, territory, district or foreign country, for the purpose of establishing
the right or title of the executor, legatee or person to the estate of the
testator in the other state, territory, district or foreign country, upon the
terms and conditions as the court may prescribe. Likewise, before probate, an
instrument purporting to be a last will may be annexed to a commission for
taking depositions in proof of the same, in this or any other state, territory,
district or foreign country; a photographic copy of the instrument, duly
certified, being retained on the files of the court. From any order of the
court granting permission, for annexing a will to a commission as provided
above, no appeal shall lie. In case the original will is lost, on proof of
loss, the copy may be proved in the same manner and shall have the same effect
as the original.
History of Section.
(C.P.A. 1905, § 795; G.L. 1909, ch. 310, § 15; G.L. 1923, ch. 361,
§ 15; G.L. 1938, ch. 572, § 15; G.L. 1956, § 33-7-24.)
