207 S.W. at 516. Similarly, when a widow filed suit in her individual capacity and later amended her pleadings to assert her capacity as administratrix, we held “[t]hat this defect did not prevent her suit from being ‘properly commenced,’ ” prior to expiration of the statute of limitations. Davis, 16 S.W.2d at 118. We noted that: The defect in her petition was that she sued as an individual, instead of as ad-ministratrix. She was the real party at interest, no matter by whom the suit was prosecuted. This action was commenced before it was barred under the terms of any statute of limitations by the filing of the original petition and the service of citation on the Director General. Id.; see also Mo., Kans. & Tex. Ry. Co. v. Wulf, 226 U.S. 570, 575-78, 33 S.Ct. 135, 57 L.Ed. 355 (1913) (<HOLDING>); Flores, 92 F.3d at 272-73 (5th Cir.1996)
holding plaintiff stated claim in his individual capacity holding that a pension plan participants son not designated a beneficiary lacked standing to maintain an erisa action in both his individual capacity and his capacity as the representative of the deceased participants estate holding ftca jurisdictional requirements satisfied in wrongful death action by substituting husband in his individual capacity who had filed timely administrative claim for husband in his capacity as personal representative of decedents estate who had not filed claim and could not bring wrongful death action under state law holding that nonsignatory wife asserting in her individual capacity claims for damages such as her own mental anguish and loss of consortium earnings companionship society and inheritance lacked the type of privity contemplated for the contracting parties to bind her to a contract that she did not sign in her individual capacity holding that an amendment by a plaintiff to allege a claim in her representative capacity as adminis trator of estate under federal law related back to claims brought in her individual capacity under state law such an amendment was not equivalent to the commencement of a new cause of action so as to subject the amendment to the statute of limitations