Cf. Klotz v. Lee, 21 N.J. 148, 154 (1956); Miller v. Trans Oil Co., 18 N.J. 407, 414 (1955); Terminal Const. Corp. v. Bergen County, etc.,Dist. Authority, 18 N.J. 294, 339 (1955); see also In reMagura's Estate, 19 N.J. Super. 233, 237 ( Cty. Ct. 1952); New Jersey Highway Authority v. Wood, 39 N.J. Super. 575, 580 ( App. Div. 1956), certification denied 21 N.J. 551 (1956). A comparable course has been followed even in criminal cases which historically have been dealt with in separate statutes and are now governed by the independent provisions of R.R. 1:5-1.
Id. at 437, 1 A.2d at 324. See also In re Magura's Estate, 19 N.J.Super. 233, 88 A.2d 291 (Cty.Ct. 1952). Secondly, the appointment of Tino as Administrator of Noreen's Estate creates a toxic conflict of interest.