In the Matter of Fred W. McDaniel Debtor. Beverly Jean Border v. Fred McDaniel

WIENER, Circuit Judge:

Appellant Beverly Jean Border appeals the judgment of the district court which allowed Appellee Fred McDaniel, a widower with no dependent children, to exempt 165 acres of property from his bankruptcy estate pursuant to the Texas “family” homestead exemption. We affirm.

I

FACTS AND PROCEEDINGS

In October 1993, McDaniel filed a voluntary petition for bankruptcy. Electing the state exemption scheme authorized by the Bankruptcy Code, McDaniel claimed a family rural homestead exemption 1 of approximately 165 acres near Grapeland, Texas (Grape-land property). The Trustee and a…