LANDS HOMESTEAD DECISIONS. 49 



Heirs. 



On the death of a homesteader leaving widow and heirs the widow 

 takes the homestead right of her husband free from any claim on 

 behalf of the heirs, and is vested with full power to complete the 

 entry for her own benefit or relinquish the same, if she so elects. 

 (Steberg v. Hanelt, 26 L. D., 436.) 



On the death of the entryman the right goes to the widow, or in 

 case of her death to the heirs or devisee, who may complete the entry 

 by either residing on the land or cultivating the same for the re- 

 quired period, but need not do both. (Heirs of Stevenson v. Cun- 

 ningham, 32 L. D., 650 ; see also Meeboer v. Heirs of Schut, 35 L. D., 

 335.) 



The heirs of a deceased homestead entryman, who during his life- 

 time failed to comply with the law, may complete the entry by either 

 residing upon or cultivating the land for the full period of five years, 

 if sufficient of the lifetime of the entry remains for that purpose, or 

 may commute upon a showing of residence and cultivation for a 

 period of 14 months, but can not commute upon a showing of cultiva- 

 tion alone. (Wilson v. Heirs of Smith, 37 L. D., 519.) 



Upon the death of an entryman those' upon whom the statute casts 

 the right to perfect title under the entry are merely required to con- 

 tinue cultivation and improvement of the land, so that failure to cul- 

 tivate in any given year subjects the entry to contest and possible 

 cancellation. (Hon v. Martinas, 41 L. D., 119.) This case overrules 

 Heirs of Stevenson v. Cunningham, Meeboer v. Heirs of Schut, and 

 Wilson v. Heirs of Smith, supra, so far as in conflict, 



Squatters on unsurveyed lands. 



Settlement may be made under the homestead laws by all persons 

 qualified to make either an original or a second homestead entry, 

 * * * and in order to make settlement a settler must personally 

 go upon and improve or establish residence on the land he desires. 

 By making settlement in this way, the settler gains the right to enter 

 the land settled upon as against all other persons, but not as against 

 the Government, should the land be withdrawn by it for other pur- 

 poses. (Par. 4, Suggestions to Homesteaders and Persons Desiring 

 to Make Homestead Entries, approved Apr. 20, 1911.) 



The qualifications requisite on the part of a homesteader must 

 exist at the date of entry and if, after settlement and prior to entry, 

 the settler for any reason becomes disqualified, the privilege gained 

 by settlement is lost. (Brown v. Cagle, 30 L. D., 8.) 



The widow of a homestead settler who had not prior to his death 

 established bona fide residence on the land must thereafter both re- 

 side on and cultivate the land in her own right at least in the presence 

 of a forest withdrawal. (Susan A. Leonard, 40 L. D., 429.) 



Residence. 



The object of the homestead laws is the donation of public lands to 

 persons seeking to establish and maintain agricultural homes thereon, 

 conditioned upon actual occupancy of the same as a home and culti- 

 vation and improvement of the land; and mere occasional visits to 

 the claim do not meet the requirements of the law. (Oscar O. Reeg, 

 40 L. D., 206.) 



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