CHAPTER 314

An Act to amend and reenact § 64-88 of the Code of Virginia, relating
ae deposition of witness may be taken and read on probate of

[H 722]
Approved March 31, 1966

Be it enacted by the General Assembly of Virginia:
1. That § 64-83 of the Code of Virginia be amended and reenacted as

follows:

. 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 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. Such deposition
may be taken prior to the time that the will 18 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.