Okla. Stat. tit. 58, § 58-43
This is the official text of Okla. Stat. tit. 58, § 58-43, part of Oklahoma’s Stat. tit. 58, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 58,." Browse the sections below, each linked to its official government source.
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Witnesses on trial of contest - Depositions
Official statutory text
If the will is contested, all the subscribing witnesses who are
present in the county, and who are of sound mind, must be produced
and examined; and the death, absence or insanity of any of them must
be satisfactorily shown to the court. If none of the subscribing
witnesses reside in the county, and are not present at the time
appointed for proving the will, or although such witnesses reside in
the county and are insane or incompetent, and such facts are first
made to appear to the court, either in contested or noncontested
will cases, the court may admit the testimony of other witnesses to
prove the sanity of the testator and the execution of the will and,
as evidence of the execution, it may admit proof of the handwriting
of the testator and of the subscribing witnesses, or any of them.
Provided that when the testimony of any nonresident witness or
witnesses residing out of the county wherein any will is sought to
be admitted to probate, may be desired, touching the execution of
such will, either in contested or noncontested will cases, it shall
be lawful for the party seeking to have such will admitted to
probate, or resisting the same in the district court, to cause the
deposition of such witness to be taken in like manner, as now is or
hereafter may be provided in civil cases; and the court may, in its
discretion, direct the original of such will to be attached to any
commission issued in such case; and the deposition of any such
witness taken, certified and returned, according to law, shall be of
like force and effect as if his testimony had been heard in the
court; provided, that before any such original will shall be
suffered to be attached to any such commission, a photostatic or
certified copy thereof shall be made and examined, and certified by
the judge to be a true copy of the original, and until the return of
such original, such copy shall be retained in the office of the
judge, in lieu of such original will; and if such will be admitted
to probate, the same may, in case of the loss or destruction of the
original thereof, be recorded from such certified copy. Provided,
further, that in all cases where wills have heretofore been proved
in substantial compliance with the provisions hereof, such proof is
hereby validated.
present in the county, and who are of sound mind, must be produced
and examined; and the death, absence or insanity of any of them must
be satisfactorily shown to the court. If none of the subscribing
witnesses reside in the county, and are not present at the time
appointed for proving the will, or although such witnesses reside in
the county and are insane or incompetent, and such facts are first
made to appear to the court, either in contested or noncontested
will cases, the court may admit the testimony of other witnesses to
prove the sanity of the testator and the execution of the will and,
as evidence of the execution, it may admit proof of the handwriting
of the testator and of the subscribing witnesses, or any of them.
Provided that when the testimony of any nonresident witness or
witnesses residing out of the county wherein any will is sought to
be admitted to probate, may be desired, touching the execution of
such will, either in contested or noncontested will cases, it shall
be lawful for the party seeking to have such will admitted to
probate, or resisting the same in the district court, to cause the
deposition of such witness to be taken in like manner, as now is or
hereafter may be provided in civil cases; and the court may, in its
discretion, direct the original of such will to be attached to any
commission issued in such case; and the deposition of any such
witness taken, certified and returned, according to law, shall be of
like force and effect as if his testimony had been heard in the
court; provided, that before any such original will shall be
suffered to be attached to any such commission, a photostatic or
certified copy thereof shall be made and examined, and certified by
the judge to be a true copy of the original, and until the return of
such original, such copy shall be retained in the office of the
judge, in lieu of such original will; and if such will be admitted
to probate, the same may, in case of the loss or destruction of the
original thereof, be recorded from such certified copy. Provided,
further, that in all cases where wills have heretofore been proved
in substantial compliance with the provisions hereof, such proof is
hereby validated.
Status: in_force · Read it on the official government site
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