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[[preprint]] 429 [[/preprint]]

3.

In 1881 Lot's place being vacant, Henry moved upon his brother's land; next year, 1882, Fred's mother died at Kamiah leaving Daniel an orphan.  Henry at once went for the child, brought him to his house and he and his wife cared for the child until he died in 1887.  No one contributed toward the support of the child or helped to defray the expenses of his last sickness; Susie earned the money after the boy's death to pay off the debts incurred at that time.  In the fall of 1887 Fred brought his present wife to Henry's house and stayed there.  In the spring of 1888 Fred told Henry he was going to have the place for himself.  Henry replied: "you can not, it is my home."  Fred went to Agent Norris and presented his claim to Lot's estate.  The Agent questioned Fred as to the survivors of Lot's family and learned that the two grandchildren had returned from the Indian Terr'y in 1885 with their grandmother, Sam's mother.  Henry was then sent for and told he must vacate the land.  Sam of the two grandchildren of Lot (there