If the witnesses reside without the limits of the state, the party desiring the probate of the instrument may procure their testimony to be entered of record in any court of record having cognizance thereof or may prove the instrument by two (2) persons acquainted with the handwriting of the person who executed the same, before the clerk or deputy clerk of some county in Tennessee.
Code 1858, §§ 2050, 2051 (deriv. Acts 1809 (Sept.), ch. 104; 1831, ch. 90, § 10); Shan., §§ 3725, 3726; Code 1932, §§ 7640, 7641; T.C.A. (orig. ed.), § 64-2307.