Section 43-8-168
Depositions of witnesses.
When the subscribing witnesses, or any of them, reside out of the state, or are physically unable or in any case in which depositions are authorized to be taken in circuit court, the judge of probate may issue a commission to take the testimony of such witnesses in proof of such will.
(Code 1852, §1626; Code 1867, §1945; Code 1876, §2309; Code 1886, §1981; Code 1896, §4278; Code 1907, §6187; Code 1923, §10615; Code 1940, T. 61, §41; Code 1975, §43-1-45.)