Page:North Dakota Reports (vol. 2).pdf/293

 liable for a mechanic’s lien under the same section, or for some portion of the purchase price thereof under the succeeding section. In either of these events it might be disposed of according to law, and the occupancy of the survivor thus terminated. But we do not think it was the intention of the legislature that the survivor should be disturbed in this occupancy, so long as the premises remained the home of the survivor, by any co-heir or devisee, and we will briefly state some of the reasons which force that conclusion. Ample provision for the establishment of the home and maintenance of the family has ever been the fixed policy in this jurisdiction. As we have seen, our exemptions of personalty are unusually liberal; and these exemptions go to the family of a decedent, and cannot be disposed of by will, or taken for debts, except where there are no other assets available for the payment of the expenses of decedent’s last illness, funeral charges, and expenses of administration. § 5779, Id. The law also, prior to the passage of chapter 67, Laws 1891, allowed a homestead to the extent of 160 acres of land if in the country, and unlimited as to value. (Under the law last mentioned the homestead is fixed at a valuation of $5,000, independent of quantity, and other changes are made in the homestead law; but, as this case falls under the prior law, and as the changes do not affect the questions at issue, we need not particularly notice them further.) The fee of the homestead may be owned by either husband or wife, but such owner has no power to convey or incumber such homestead without the concurrence of the husbaud or wife. Comp. Laws, § 2451. The homestead of Lars N. Fore was not subject to the payment of any of his debts. Id § 5781. It is too plain for question that these various provisions were intended not for the benefit of the husband and father, but for that of the family— and a widow, though without children, constitutes a family, within the meaning of the homestead law (Id § 2450); and it would be strangely inconsistent if the benefits to which the family were entitled during the life-time of the husband and father should be taken away from them by the law immediately upon his decease—the very time when they most needed these benefits. The widow has no absolute rights in the property of