Minnesota Statutes
Minn. Stat. § 525.242 (2026)
Secondary Evidence
✓ current as of May 2026
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If no subscribing witness competent to testify resides in the state at the time appointed for proving the will, the court may admit the testimony of other witnesses to prove the capacity of the testator and the execution of the will, and as evidence of such execution may admit proof of the handwriting of the testator and of the subscribing witnesses.
Notes of Decisions
Cited in 2
cases, 1958–1958 · leading case: Sandstrom v. Wahlstrom, 89 N.W.2d 19 (Minn. 1958).
Sandstrom v. Wahlstrom, 89 N.W.2d 19 (Minn. 1958). “24 and permit the admission of secondary evidence where necessary to support such proof as provided by § 525.242. In other words, the proponent of a lost will must prove its due execution just as would be the case if the instrument itself were being offered for probate.”
In Re Est. of Sandstrom, 252 Minn. 46 (Minn. 1958). “24 and permit the admission of secondary evidence where necessary to support such proof as provided by § 525.242. In other words, the proponent of a lost will must prove its due execution just as would be the case if the instrument itself were being offered for probate.”
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