In  many  of  the  States  no  formalities  are  required,  and  in
such  States  the  occupancy  and  use  of  the  property  as  a  home
is  sufficient  to  constitute  a  homestead,  and  such  occupancy  is
notice  to  all  parties  dealing  with  the  property  of  the  homestead
rights  of  the  occupants.  Most  of  the  statutes  provide  that  the
homestead  property  shall  not  be  alienated,  except  by  the  joint
act  of  the  husband  and  the  wife.
CONSTRUCTION.
As  has  been  stated,  homestead  acts  are  founded  upon  public
policy  to  carry  out  humane  and  benevolent  purposes,  and  for
this  reason  the  courts  will  give  them  a  liberal  construction  in
order  that  the  intent  of  the  legislation  may  be  given  full  ef-
fect."'

The  statutes  are  not  regarded  as  being  in  derogation  of  the
common  law.
"°The  statute  in  MassacJiusetts  in  this  respect  is  as  follows:
"The  estate  or  right  of  homestead  of  any  householder  existing  at  his
death  shall  continue  for  the  benefit  of  his  widow  and  minor  children
and  be  held  and  enjoyed  by  them,  if  some  one  of  them  occupies  the
premises  until  the  youngest  child  is  twenty-one  years  of  age  and  until
the  death  or  marriage  of  the  widow."

The  same  provision  is  found  in  a  number  of  other  States.
^"Riggs  vs.  Sterling,  60  Mich.,  643.
In  Louisiana  and  Minnesota  a,  different  rule  prevails  and  the  home-
stead statutes  are  strictly  construed.
106  FKEEHOLD  ESTATES   NOT  OF  INHERITANCE.
NATURE  OF  ESTATE  OR  RIGHT  CREATED.
There  is  a  difference  of  opinion  as  to  whether  the  home-
stead statutes  create  an  estate  or  a  mere  persoaal  privilege  to
enjoy  the  property  free  from  the  claims  of  one's  creditors.
