Litzenberger v. Merge

ROONEY, Justice.

This appeal is from an order dismissing appellant’s complaint with prejudice. The complaint requested judgment against ap-pellees, as the three remaining heirs of Alvene Litzenberger, deceased, in the amount of $24,223.41, the amount of an alleged debt incurred by Alvene Litzenber-ger. The probate of the estate of Alvene Litzenberger has been closed and the complaint was founded (in appellant’s words) “presumably under an unjust enrichment theory or other similar equitable theory.”

We affirm.

Alvene Litzenberger died February 5, 1973. His Last Will and Testament was filed on May…