Sec. 45a-285. (Formerly Sec. 45-166). Proof of will out of court.
Sec. 45a-285. (Formerly Sec. 45-166). Proof of will out of court. Any or all of
the attesting witnesses to any will may, at the request of the testator or, after his decease,
at the request of the executor or any person interested under it, make and sign an affidavit
before any officer authorized to administer oaths in or out of this state, stating such facts
as they would be required to testify to in court to prove such will. The affidavit shall be
written on such will or, if that is impracticable, on some paper attached thereto. The
sworn statement of any such witness so taken shall be accepted by the Court of Probate
as if it had been taken before such court.
(1949 Rev., S. 6959; P.A. 80-476, S. 243.)
History: P.A. 80-476 made minor wording changes; Sec. 45-166 transferred to Sec. 45a-285 in 1991.
Annotations to former section 45-166:
Party contesting will may require attendance of all witnesses within reach of process. 36 C. 280; 91 C. 269. Cited. 57
C. 188. Not unconstitutional as violating right to trial by jury. 74 C. 259. Affidavit admissible in appellate court. Id., 260.
Proponents of will are not required, even on demand by contestants, to call all available attesting witnesses to witness
stand. 150 C. 651.
Annotation to present section:
Cited. 218 C. 220.