Osborne JudgeThe specific question involved upon this appeal is: Does a court of

Osborne JudgeThe specific question involved upon this appeal is: Does a court of equity have 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 52 years of age of Williamstown Kentucky are the parents of two sons. Tommy Strunk is 28 years of age married an employee of the Penn State Railroad and a part-time student at the University of Cincinnati. Tommy is now suffering from chronic glomerus nephritis a fatal kidney disease. He is now being kept alive by frequent treatment on an artificial kidney a procedure that cannot be continued much longer.