A widow or widower, though without children, while continuing to occupy the homestead used as such at the time of the death of the husband or wife, or any family, whether consisting of one or more persons in actual occupancy of a homestead as defined in this code, shall be deemed and held to be a family within the meaning of the laws of this state relating to homesteads.

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Source: SL 1874-5, ch 37, § 2; PolC 1877, ch 38, §§ 2, 19; CL 1887, §§ 2450, 2467; RPolC 1903, §§ 3216, 3235; RC 1919, § 450; SDC 1939, § 51.1702.