§ Sec. 24-7-5. Proof where subscribing witnesses dead, insane, incompetent, inaccessible, or without memory of transaction
§ 24-7-5. Proof where subscribing witnesses dead, insane, incompetent, inaccessible, or without memory of transaction
Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent, or inaccessible or, being produced, do not recollect the transaction, proof of the actual signing by or the handwriting of the alleged maker shall be received as primary evidence of the fact of execution. If such evidence shall not be attainable, the court may admit evidence of the handwriting of the subscribing witnesses or other secondary evidence to establish the fact of execution.