Moneyhon and Parrish-Moneyhon v. Moneyhon Discussion

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Liberty University *

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235

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Philosophy

Date

Jan 9, 2024

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docx

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Many people reaching an older age start thinking about when the time to pass away will come. Although it may sound frightening, it is the natural course of life that since we are born, by conclusion, we must die as well. Some people decide to start their estate planning during retirement age, while others live one day at a time, worry-free about what tomorrow will bring. In the case of Moneyhon v. Moneyhon , 278 S.W.3d 874 (2009), 1), the appellate court decided that the previous judgment was reversed. The court found that the trial court erred in applying the proper pleading. The appellate court found that the case did not constitute an existence or fiduciary duty from the appellant parties. The trial court applied that the theory of fiduciary duty did not apply because neither party pleaded nor tried the consent. 2) The position of the parties in the case and their arguments could have been better. For instance, the appellate court applied the law correctly, and under the circumstances, the law is the governing authority in civil disputes. In this sense, the appellant party received a fair judgment when the decision was reversed. However, the court decision is unjust to the appellee at the same time. 3) While it was not explicitly said, mother and son, when selling the Bash Place and buying a new home in Lake Jackson and moving together, created a common agreement that they both would co-own the house as the proceeds (money) come from the sale of previous property. Although the trial court applied justice that the Lake Jackson house was acquired using Patricia’s money and so the house belongs to her, the title and legal documents belong to the son. Under just circumstances, the son would acknowledge the mother’s right to property of the house, which was acquired using her money. A more just decision will be that the Lake Jackson house should be sold and divide the sale proceeds in half. 4) The bible teaches us: “No one can serve two masters. Either you will hate the one and love the other, or you will be devoted to the one and despise the other. You cannot serve both God and money.” Matthew 6:24 (NIV). In a Christian worldview, the son’s pursuit of property depicts an unjust outcome that shows that money and ambition for material acquisition are more important than the love of family. Similarly, God teaches, “Honor your father and your mother, so that you may live long in the land the Lord your God is giving you.” Exodus 20:12 (NIV). Applying the Holy Scripture and considering our moral character to the context of the case of study, we can conclude that under certain circumstances, the law can be fair; however, fair does not always mean it is just to all. Justice is sometimes based on tangible information that leaves the moral character aside from being considered.
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