Chap. 322.——An ACT to amend and re-enact section 5252 of the Code of Vir-
ginia, in relation to when deposition of witness may be taken and read on
probate of will. [H B 431]

Approved March 24, 1926.

1. Be it enacted by the general assembly of Virginia, That
section fifty-two hundred and fifty-two of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 5252. 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 State, or though in this
State 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 pur-
pose 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.