In re the Estate of Wilson

This is a discovery proceeding in Surrogate’s Court pursuant to sections 205 and 206 of the Surrogate’s Court Act.

We are of the opinion that the jury by its verdict rendered proper answers to the questions submitted. We would accordingly affirm the decree appealed from if convinced that the Surrogate’s Court in a discovery proceeding possesses jurisdiction to determine the issues submitted. However, if the Surrogate’s *1019Court lacked jurisdiction of the subject matter, the decree is a nullity even though the parties acquiesced in the proceeding (Matter of Walker, 136 N. Y. 20, 30; Matter of…