When an instrument is presented to a clerk or deputy clerk for probate, and the party presenting it suggests to the clerk that the subscribing witnesses or any of them refuse to appear and give evidence of the execution of the instrument, the clerk shall issue a subpoena to compel the attendance of the recusant witnesses to prove the execution of the instrument.
Code 1858, § 2056 (deriv. Acts 1833, ch. 92, § 8); Shan., § 3733; Code 1932, § 7648; T.C.A. (orig. ed.), § 64-2308.
Cross-References. Subpoena fee, §66-22-112.