§ 109 - When witness does not reside in state
§ 109. When witness does not reside in state
If none of the subscribing witnesses resides in the state at the time of the death of the testator, the court may admit the testimony of other witnesses to prove the sanity of the testator and the execution of the will although the subscribing witnesses are living. As evidence of the execution of the will, such court may admit proof of the handwriting of the testator and of the subscribing witnesses in cases where the names of such witnesses are subscribed to a certificate stating that the will was executed as provided in chapter 1 of this title.