18-4-19. Circumstances permitting proof of instrument by handwriting.

131 words·~1 min read·/sd/title-18/chapter-18-4/18-4-19

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:

(1)When the parties and all the subscribing witnesses are dead;

(2)When the parties and all the subscribing witnesses are nonresidents of the state;

(3)When the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;

(4)When the subscribing witness conceals himself or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or

(5)In case of the continued failure or refusal of the witness to testify for the space of one hour after his appearance.