In re the Estate of Dorn

William J. Regan, S.

This is a discovery proceeding wherein petitioner seeks to examine the respondent, Norman Gr. Biehler, concerning certain knowledge or information that he may have with reference to books, records and leases which may relate to commissions due the decedent, a former real estate broker. Respondent has moved to dismiss this application for lack of jurisdiction. Warren’s Heaton, Surrogates’ Courts (vol. 3, § 236, par. 8, subd. [d]) states: “ It is obvious that it is only in those cases of which the surrogate has jurisdiction that it can make a decree directing either delivery…