STRUNK v. STRUNK


445 S.W.2d 145 (1969)

Jerry STRUNK, An Incompetent by and through Morris E. Burton His Guardian Ad Litem, Appellant, v. Ava STRUNK, Committee for Jerry Strunk, Incompetent, et al., Appellees.

Court of Appeals of Kentucky.

September 26, 1969.


Attorney(s) appearing for the Case

Morris E. Burton, Frankfort, for appellant.

Katherine Parry Davenport, Kentucky Department of Mental Health, Frankfort, amicus curiae.

Joe C. Savage, Lexington, for appellees.


OSBORNE, Judge.

The specific question involved upon this appeal is: Does a court of equity have the power to permit a kidney to be removed from an incompetent ward of the state upon petition of his committee, who is also his mother, for the purpose of being transplanted into the body of his brother, who is dying of a fatal kidney disease? We are of the opinion it does.

The facts of the case are as follows: Arthur L. Strunk, 54 years of age, and Ava Strunk...

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