The estate of homestead is in reality rather an exemption from liability of being taken on execution than a true estate. Every homestead estate must also be some other kind of estate. Homestead estates are of purely statutory origin, and are governed in all respects by the provision of the statutes creating them.13

Homesteads may be claimed by a "head of family' for their benefit. It may be claimed by the husband, and after his death, by the wife, who generally has the right to claim it for herself, though she may have no children. An unmarried person who has unmarried dependent relatives living with him, may also claim it. The tests in doubtful cases are: 1. Whether there is a legal or moral duty to support the persons who are claimed to constitute the family. 2. Whether such persons are actually dependent upon him. Likewise an unmarried woman, supporting the children of a deceased or invalid sister, is entitled to it. A homestead is the place where one dwells. The rules and principles which determine one's domicile apply to homestead. While one may have two or more residences he can have but one homestead. In order that the homestead right may be claimed in a lot or parcel of land, it must be shown to be the bona fide residence of him and his family. The party claiming homestead must be in possession of the land in his own right. A remainder man, cannot claim the right of homestead.

13 See Statutes of the several States.