Doris Guyear, Heir of Leroy Guyear, Deceased v. Joey Blalock, Et AL.

The owner of a promissory note died, and his widow filed a complaint in the name of his estate to collect the unpaid balance, even though her late husband’s estate had never been opened. She subsequently amended her complaint to designate herself as the plaintiff in her capacity as her late husband’s wife and next friend. The obligors on the note filed a motion for dismissal, contending that the widow had not demonstrated that she was a proper plaintiff or that she had any right to collect on the note. The trial court granted the motion to dismiss. We affirm.