§58-43.

§58-43.
   
   If the will is contested, all the subscribing witnesses who are
   present in the county, and who are of sound mind, must be produced and
   examined; and the death, absence or insanity of any of them must be
   satisfactorily shown to the court. If none of the subscribing
   witnesses reside in the county, and are not present at the time
   appointed for proving the will, or although such witnesses reside in
   the county and are insane or incompetent, and such facts are first
   made to appear to the court, either in contested or noncontested will
   cases, the court may admit the testimony of other witnesses to prove
   the sanity of the testator and the execution of the will and, as
   evidence of the execution, it may admit proof of the handwriting of
   the testator and of the subscribing witnesses, or any of them.
   Provided that when the testimony of any nonresident witness or
   witnesses residing out of the county wherein any will is sought to be
   admitted to probate, may be desired, touching the execution of such
   will, either in contested or noncontested will cases, it shall be
   lawful for the party seeking to have such will admitted to probate, or
   resisting the same in the district court, to cause the deposition of
   such witness to be taken in like manner, as now is or hereafter may be
   provided in civil cases; and the court may, in its discretion, direct
   the original of such will to be attached to any commission issued in
   such case; and the deposition of any such witness taken, certified and
   returned, according to law, shall be of like force and effect as if
   his testimony had been heard in the court; provided, that before any
   such original will shall be suffered to be attached to any such
   commission, a photostatic or certified copy thereof shall be made and
   examined, and certified by the judge to be a true copy of the
   original, and until the return of such original, such copy shall be
   retained in the office of the judge, in lieu of such original will;
   and if such will be admitted to probate, the same may, in case of the
   loss or destruction of the original thereof, be recorded from such
   certified copy. Provided, further, that in all cases where wills have
   heretofore been proved in substantial compliance with the provisions
   hereof, such proof is hereby validated.