§ 64.1-87. When deposition of witness may be taken and read on probate of will
When any will, or authenticated copy thereof, is offered for probate, and a witness attesting the same, or in event the will be wholly in the handwriting of the testator, a witness to prove such handwriting, resides out of this Commonwealth, or though in this Commonwealth is confined in another county or corporation under legal process, or is unable from sickness, age or any other cause to attend before the court or clerk where the same is offered, the same may be proved by the deposition of the witness or witnesses, which shall be taken and certified as depositions are taken in other cases, except that no notice need be given of the time and place of taking the same, unless it be in a case in which the probate is opposed by some person who has made himself a party; and the proof so given shall have the same effect as if it had been given before such court or clerk. For the purpose of making such proof the party offering such will or copy shall be permitted to withdraw temporarily the original thereof upon leaving an attested copy with such court or clerk, or, in the discretion of the clerk, the party may be given a certified copy of the original. Such deposition may be taken prior to the time that the will is offered for probate, and the deposition filed at the same time the will is offered, provided, that if probate is opposed by some person who has made himself a party, such person shall have the right to examine such witness.
(Code 1950, § 64-83; 1966, c. 314; 1968, c. 656; 1981, c. 183.)
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