A Kentucky man who married his long-time partner in a hospital room just 15 days before her death won an appeal on Friday in a dispute over whether their marriage was legally valid.Victor Allen Wilson and Betty Sue Conkright had been together for nearly 30 years before marrying on August 24, 2023. After Conkright died, her daughter challenged the marriage, questioning both her mother’s ability to consent and the way the marriage license was obtained. On Friday, the Kentucky Court of Appeals overturned an earlier ruling that had invalidated the marriage and sent the case back for further examination.Conkright was admitted to a hospital in Lexington, Kentucky, in August 2023, according to the information available in the ruling. She was suffering from serious liver-related complications, and her condition had affected her ability to think and communicate clearly. That same day, her daughter Tonya Hart sought legal authority to make decisions for her and was appointed temporary emergency guardian.There were already disagreements within the family. Hart, Wilson, and another of Conkright’s daughters, Barbara Davis, were involved in a dispute over her care and access to her. A court subsequently restricted Wilson’s and Davis’s hospital visits to a few hours on Tuesdays and Thursdays, while Hart retained responsibility for medical decisions.Despite these circumstances, Wilson decided to marry Conkright. The couple had been romantically involved for approximately three decades and had lived together at different times. When later asked why they had never married, Wilson told the court that Conkright had been concerned about losing federal benefits.
The unusual wedding
Wilson obtained a marriage licence from the Bourbon County Clerk’s Office on August 18, using Conkright’s identification. She did not accompany him because she remained in hospital.By August 23, her health had deteriorated further and she had been transferred to intensive care. The following day, Wilson went to the hospital with Davis, Conkright’s grandson and Reverend Douglass Hess, accompanied by his wife Brenda.Hess conducted the wedding in Conkright’s room, with Davis and Brenda serving as witnesses. The ceremony was brief, lasting only a few minutes. Wilson submitted the completed marriage certificate to the clerk’s office four days later. Conkright died on September 8.However, her death did not end the disagreement. Hart, who became administrator of her mother’s estate, went to court to challenge the marriage. She argued that Conkright had not been capable of giving informed consent and raised concerns about pressure surrounding the wedding.
Was Conkright conscious?
The court heard different accounts of Conkright’s condition. Hart described her mother as confused during her hospital stay. She said Conkright sometimes struggled to recognise people, had difficulty communicating and did not always know where she was. Although there were occasions when she appeared more alert, Hart maintained that the confusion continued.Conkright’s son Robert supported those concerns. He told the court that his mother sometimes failed to recognise him, including on the day of the wedding. Neither he nor Hart had attended the ceremony, although both were at the hospital that day.The people who witnessed the wedding gave a different account. Reverend Hess said he had known the couple for about 25 years. Before agreeing to conduct the ceremony, he had told Wilson that he would not proceed if Conkright was unresponsive.According to Hess, she recognised him and indicated that she wanted to marry Wilson. His wife also testified about the short ceremony, which ended with Conkright appearing tired.Davis and Conkright’s grandson similarly believed she was alert and recognised them. Wilson acknowledged that her awareness varied during her hospital stay but said she understood what was happening when they married.
Why court declared marriage invalid
Apart from the disagreement over Conkright’s condition, there was a problem with the marriage licence itself. Kentucky law requires both applicants to appear before the county clerk with identification. Wilson had obtained the licence alone, and the Bourbon County Clerk acknowledged that her office should not have issued it in those circumstances.Hess also testified that he had not known about Conkright’s emergency guardianship or the problem with the licence. Had he known, he said, he would not have conducted the wedding.In July 2025, the Montgomery Circuit Court ruled that the marriage was invalid because the licence had been issued improperly. It did not make a separate finding on whether Conkright could consent or whether she had been subjected to coercion.
Why appeals court overturned ruling
The appeals court disagreed with the lower court’s approach. It said the mistake made by the clerk could not, by itself, justify invalidating the marriage after Conkright’s death.The judges pointed out that Wilson had obtained a licence, a wedding ceremony had taken place and the marriage certificate had been officially recorded.However, they also found that Hart, acting for her mother’s estate, was entitled to pursue the allegations concerning Conkright’s mental capacity and possible coercion.The case will now return to the lower court, which must examine those questions before deciding whether the marriage should be invalidated. One appeals court judge dissented, arguing that the existing evidence was enough to uphold the earlier decision.