The right given by statute in many states to enjoy land occupied as a residence free from liability for debts, known as the "homestead" exemption, does not arise from marriage, since an unmarried person, if the head of a conveyance by the husband alone to the wife, or for her benefit, is valid.97a

89. Evans v. Lobdale, 6 Houst. (Del.) 212, 22 Am. St. Rep. 358; Moore v. Darby, 6 Del. Ch. 193, L. R A. 346, 18 Atl. 768, 13; Porch v. Fries, 18 N. J. Eq. 204 Har-shizer v. Florence, 39 Ohio St. 516; Breeding v. Davis, 77 Va. 639. 46 Am. Rep. 740; Alexander v. Alexander, 85 Ga. 353, 1 L. R. A. 125, 7 S. E. 335; Guernsey v. Lazear, 51 W. Va. 328, 41 S. E. 405.

90. Cole v. Van Riper, 44 111. 58; Hill v. Chambers, 30 Mich. 422; Hill v. Nash, 73 Miss. 849, 19 So. 707; Albany County Sav. Bank v. McCarty, 149 N. Y. 71, 43 N. E. 427; Teckenbrock v. McLaughlin, 246 Mo. 711, 152 S. W. 38; Guernsey v. Lazear, 51 W. Va. 328, 41 S. E. 405; See Walker v. Long, R. P. 54.

109 N. C. 510, 14 S. E 299; Thompson v. Wiggins, 109 N. C. 508, 14 S. E. 301; Rouse v. Directors of Poor, 169 Pa 116, 32 Atl. 541.

In New Jersey it is said that. since the Married Woman's Act, the husband has, before issue born, a contingent remainder, and after issue born, a vested remainder, otherwise spoken of as an "inchoate right of curtesy. Hack-ensack Trust Co. v. Tracy, 86 N. J. Eq. 301, 99 Atl. 846. The advantage of introducing the theory of remainders in this connection is not clearly apparent.

91. Such a mere possibility is subject to the control of the legislature, as is dower inchoate, in this respect differing from the curtesy initiate of the common a family, is likewise entitled to the exemption. It consequently does not call for consideration in a portion of this work dealing with estates and interests arising from marriage, and it will be considered in another place.92 The statutes conferring these exemptions, however, in pursuance of the policy of protecting the family residence, usually give the wife of the owner of the residence or "homestead" property a right to control his disposition of it during their joint lives, and she is almost invariably given, in case she survive her husband, an interest in the land which, though sometimes regarded as a mere right of occupancy, is usually in the nature of an estate in her deceased husband's land, analogous to a dower estate. In some states, the husband surviving his wife is given a like interest in her land, and usually the children of the marriage have similar rights of occupancy during their minority. The above mentioned rights and interests of the husband and wife may not inappropriately be here discussed, and those of the minor children will be referred to in connection therewith, from considerations of convenience.

The statutes upon the subject of homestead differ greatly in the various states, and have been the subject of an immense amount of judicial construction. Here the attempt will be made merely to state the general results, as defined by the decisions, of this legislation, so far as it concerns the rights of the husband or wife of the owner of the land.