Home

While children "remain at home," in a will, may refer to the household of which the testator was head.^ See Household. Where a person takes up his abode, without any present intention to remove therefrom permanently.^ S§e further Abode; Domicil; House; Residence.

Homestall.

In ancient law, a mansion house. 7 " Stall " and " stead " were Anglo-Saxon for place, seat, fixed spot, station.

Homestead.

The home-stall, home-place. The dwelling-house, at which the family resides, with the usual and customary appurtenances, including outbuildings of every kind necessary and convenient for family use, and lands used for the purposes thereof.s Whence homesteader. In its popular sense, whjatever is used, being either necessary or convenient, as a place of residence for the family, as contradistinguished from a place of business.' Sometimes used as a verb; as, he "homesteaded his pre-emption." i" Homestead laws. Constitutional or stat- ^,Gk. holo-graphos, wholly written.

2 See La. Civ. Code, art. 1581; Code Civ. 970. = Cal. Civ. Code, § 1277: Be Estate of Band, 61 Cal. 468 (1883): 14 Rep. 716; 3 Woods, 77. < See 3 Jarman, Wills (B. & T.), 767, note. s Manning v. WoflE, 2 Dev. & B., Eq. 12 (N. C. 1838). » Warren D. Thomaston, 43 Me. 418 (1857); 3 id. 229; 15 id. 58; 19 id. 293; 35 Vt. 232. ' Diekinson v. Mayer, 11 Heisk. 521 (1872); 4 Bl. Com. 225. s Gregg V. Bostwiok, 33 Cal. 227 (1867), Sanderson, J.; Estate of Delaney, 37 id. 179 (1869); 4 id. 23; 16 id. 181. See also 63 Ala. 238; 31 Ark. 468; 48 id. 236; 54 111. 175; 12 Kan. 267; 77 N. C. 384; 7 N. H. 245; 36 id. 166; 46 id. 52; 61 id. 266; 63 id. 428; 6 Tex. 102; 23 id. 498; 48 id. 37; 28 Vt. 672; 46 id.

892; 1 Wash. B. P. 352. » Gregg V, Bostwick, 33 Cal. 828, 826-27 (1867); Be utory provisions for the exemption of a certain amount or value of realty, occupied by a person as his homestead, from a forced sale for the payment of his debts. In some States restraints are placed upon alienation by the owner, and in some the property descends to the widow and minor children free from liability for his debts. The estate is like an estate for life.i It is settled: 1. That the object of the homestead law is to protect the family of the owner in the possession and enjoyment of the property.

2.

That that construction must be given such laws which will best advance and secure their object.

3.

To divesta homestead estate, there must be a literal compliance with the mode of alienation prescribed by statutes." While a very limited estate in the land, perhaps even a leasehold, may support a claim, some estate is essential.^ Where the " joint consent " of a husband and wife is essential to the alienation of a homestead, the better rule is to have it evidenced by their signatures to the same instrument, before the same officer, and in the presence of each other.* The act of May 20, 1862, is the first homestead law of the general government. By it a quantity of land not exceeding 160 acres is given to any person who is the head of a family, or who is twenty-one, and a citizen or intends to become such, on condition of settlement, cultivation, and continuous occupancy as a home for the period of five years." See Abandon; ■Owner.