In The Matter of The Last Will and Testament of John Hall, Deceased: Althea Hall Collins, of the Estate of John Hall v. Della Johnson Hall
CourtCourt of Appeals of Mississippi
Date FiledOctober 27, 2026
Docket2025-CA-00433-COA
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2025-CA-00433-COA
IN THE MATTER OF THE LAST WILL AND APPELLANT
TESTAMENT OF JOHN HALL, DECEASED:
ALTHEA HALL COLLINS, EXECUTOR OF THE
ESTATE OF JOHN HALL
v.
DELLA JOHNSON HALL APPELLEE
DATE OF JUDGMENT: 03/20/2025
TRIAL JUDGE: HON. D. NEIL HARRIS SR.
COURT FROM WHICH APPEALED: JACKSON COUNTY CHANCERY COURT
ATTORNEY FOR APPELLANT: PAULETTE McLEOD TURNER
ATTORNEY FOR APPELLEE: WILLIAM BRYAN BEDWELL
NATURE OF THE CASE: CIVIL - WILLS, TRUSTS, AND ESTATES
DISPOSITION: AFFIRMED - 10/27/2026
MOTION FOR REHEARING FILED:
BEFORE WILSON, P.J., McDONALD AND WEDDLE, JJ.
WEDDLE, J., FOR THE COURT:
¶1. Althea Hall Collins appeals the Jackson County Chancery Court’s judgment denying
her motion to set aside the March 18, 2021 quitclaim deed from the decedent, John Hall, to
his wife, Della Hall, approximately 15 months prior to his death. The property conveyed is
a 0.86-acre tract on which John and Della’s marital home stands and is the same property that
John’s previously executed will had devised equally to his three children. After John’s death,
his daughter, Althea, sought to set aside the deed as a product of Della’s undue influence,
citing John’s advanced age and declining health. Della maintained that the conveyance
fulfilled John’s wishes after their plans to build their dream home on an adjoining property
never materialized. The chancellor found that a confidential relationship existed between
John and Della because of their marriage, but John had full knowledge and deliberation of
the consequences of his actions when he executed the quitclaim deed. Finding no error, we
affirm the chancellor’s judgment.
FACTS
¶2. John and Della were married on June 7, 2008. There were no children born to the
marriage, but they both had their own children from prior relationships. John had three
children, Althea, Donald, and Laterrance Hall.
¶3. On September 24, 2008, John executed a quitclaim deed conveying a 0.5-acre tract
to himself and Della as joint tenants with rights of survivorship. On October 28, 2008, John
executed a Last Will and Testament appointing Althea as the executor, equally devised a
0.86-acre tract to his three children, and devised a 0.5-acre tract to Della. He also left the
remainder of any and all his property to Della. On March 18, 2021, John executed the
contested quitclaim deed.
¶4. John Hall died on June 23, 2022. On January 31, 2023, Althea filed a petition to
probate John’s will dated August 19, 1994. Della filed her petition to probate another will
purported to be John’s October 2008 will. The parties acknowledged that the second will was
John’s last will and testament and agreed to probate the second will.
¶5. On December 4, 2023, Althea filed a motion to set aside the quitclaim deed, arguing
that it was the product of undue influence. During the hearing on April 4, 2024, Della
2
testified that she and John originally planned to build their own home on their 0.5-acre tract.
However, because they never got the chance, she and John went to a notary public together
so he could execute the quitclaim deed. Althea also stated that she was aware that John and
Della planned to build another home during their marriage.
¶6. Testimony revealed that John had diabetes, renal failure, and several other illnesses.
Althea testified that John was driving himself to dialysis until May 2022. Della, Donald, and
others assisted in transporting John to his appointments when he was not able to get there on
his own. Althea further testified that the year before John died, he was able to articulate what
he wanted, and she had no reason to believe that he was losing his mind. When asked if she
was aware of any diagnosis that would deem John mentally incapable, Althea testified that
Della told her that John had dementia. Donald was asked about John’s physical and mental
state, to which he responded, “Physically, he was deteriorating and going down. Mentally,
towards like 2020[-]21 to me he had dementia.” Della later testified that John had not been
diagnosed with dementia or anything that would affect his ability to make decisions.
¶7. The chancellor denied Althea’s motion, finding that John “had full knowledge and
deliberation of the consequences of his actions when he executed a quitclaim deed.” The
chancellor found Della’s testimony credible that she and John discussed the fact that he
wanted to convey the 0.86-acre tract because John failed to fulfill a promise to build Della
a new home on the adjoining lot. The chancellor included in his order Della’s testimony that
she and John “had house plans drawn in anticipation of the future marital home.” The
3
chancellor also noted that John’s children testified that “they had independent relationships
with their father and unfettered access to their father showing an absence of undue influence
by Della Hall.”
¶8. On April 26, 2024, Althea filed a motion for specific findings of fact and conclusions
of law and to reconsider. Althea argued that the chancellor “failed to make specific findings
as to whether [he] applied the correct burden-shifting test for proving whether the
conveyance was the product of undue influence.” On March 20, 2025, the chancellor entered
his findings of fact and conclusions of law, and again he found that there was no legal basis
to set aside the deed. The chancellor denied Althea’s motion, finding that at the time John
executed the quitclaim deed, he had full knowledge and deliberation of the consequences of
his actions.
STANDARD OF REVIEW
¶9. We “will not disturb a chancery court’s findings of fact when there is substantial
evidence in the record to support the court’s findings, unless the findings are clearly
erroneous or manifestly wrong, or the chancery court abused its discretion.” Weirich v.
Murchison, 200 So. 3d 1085, 1089 (¶9) (Miss. Ct. App. 2016). We review questions of law
de novo. Kaye v. Kaye, 270 So. 3d 1023, 1025 (¶8) (Miss. Ct. App. 2018). “Undue influence
is a question of fact.” In re Est. of Minor, 939 So. 2d 861, 864 (¶9) (Miss. Ct. App. 2006).
DISCUSSION
¶10. Althea argues that the chancellor erred in finding that Della did not exercise undue
4
influence over John in the execution of the quitclaim deed. When a confidential relationship
is shown to have existed between the grantor and the grantee at the time of the conveyance,
the court will scrutinize the conveyance. Weirich, 200 So. 3d at 1089 (¶10). However, our
Supreme Court has held that a confidential relationship between spouses does not
automatically create a presumption of undue influence for inter vivos gifts, and the contestant
bears the burden of proving that the surviving spouse used undue methods to overcome the
free and unrestrained will of the deceased spouse. In re Est. of Langston, 57 So. 3d 618, 621
(¶11) (Miss. 2011).
¶11. Here, after considering Della, Donald, and Althea’s testimony, the chancellor denied
Althea’s motion to set aside John’s quitclaim deed, finding that there was no showing of
undue influence. “In order to set aside a deed on grounds of undue influence, evidence must
show that the will and free agency of the grantor were destroyed and the deed actually
reflects the will of the person exerting the influence.” Brown v. Ainsworth, 943 So. 2d 757,
762 (¶13) (Miss. Ct. App. 2006). The testimony presented at the hearing revealed that John
did not lack the will or free agency to execute the quitclaim deed. No physical or medical
evidence was submitted to substantiate a dementia diagnosis or to establish that John lacked
the capacity to execute the deed in order to help prove undue influence. The chancellor found
Della’s testimony—that John executed the quitclaim deed because they did not have the
chance to build their future home—reliable and credible. We give deference to the
chancellor’s credibility findings since he is the only one who hears the testimony and
5
observes the demeanor of witnesses. In re Est. of Minor, 939 So. 2d at 867 (¶24).
Accordingly, the evidence does not support a finding of undue influence in the creation or
execution of the quitclaim deed.
¶12. Althea further argues the chancellor erred by “not making specific findings on the
different factors he used to determine whether the Appellant had met the burden of proof to
show undue influence.” Although we would have preferred more detail, there is substantial
evidence in the record before us to find that the chancellor reached the correct conclusion.
See In re Kistler, 22 So. 3d 1209, 1214 (¶13) (Miss. Ct. App. 2009) (“Where the record
contains substantial credible evidence to support the chancellor’s findings, we will defer to
them.”). Therefore, we find that the chancellor did not abuse his discretion in determining
Althea failed to prove undue influence.
CONCLUSION
¶13. For the foregoing reasons, we affirm the chancellor’s judgment denying Althea’s
motion to set aside John’s quitclaim deed.
¶14. AFFIRMED.
BARNES, C.J., CARLTON AND WILSON, P.JJ., WESTBROOKS,
McDONALD, McCARTY, EMFINGER AND LASSITTER ST. PÉ, JJ., CONCUR.
LAWRENCE, J., NOT PARTICIPATING.
6