Volume 15
Public Law 40–CXLIX
relating to the Proof of Wills in the District of Columbia
Approved March 3, 1869
Statutory text
An Act
relating to the Proof of Wills in the District of Columbia
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That whenever a will or codicil shall be exhibited for probate to the orphans’ court of the District of Columbia, if any of the witnesses to the same shall reside out of said District, or be temporarily absent therefrom at the time when said will or codicil shall be so exhibited for probate, it shall and may be lawful for said court to issue upon personal notice of not less than twenty days to all parties in interest, a commission to one or more competent persons, to take the deposition of such absent witness or witnesses, in such form as said court may prescribe, touching the execution of such will or codicil, and the competency of the testator or testatrix, at the time of the execution
Effect of deposition.
thereof, and such deposition when returned to said court shall be received therein as competent evidence, and have the same force and effect as if said witness or witnesses were personally present and testifying
Will to accompany commission, &c.
in said court: Provided, That in all such cases the original will or codicil shall accompany such commission, and be exhibited to the witnesses so testifying.
Approved, .