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rule of capture. 1. The doctrine that if the donee of a general power of appointment manifests an intent to assume control of the property for all purposes and not just for the purpose of appointing it to someone, the donee captures the property and the property goes to the donee’s estate. • One common…

rule nisi.See decree nisi under DECREE. [Blacks Law 8th]

rulemaking,n. The process used by an administrative agency to formulate, amend, or repeal a rule or regulation. — Also termed administrative rulemaking. Cf. ADMINISTRATIVE ADJUDICATION; INFORMAL AGENCY ACTION. [Cases: Administrative Law and Procedure 381–427. C.J.S. Public Administrative Law and Procedure §§ 87–114.] — rulemaking,adj. formal rulemaking.Agency rulemaking that, when required by statute or the agency’s…

Rule in Wild’s Case.Property. The rule construing a grant to “A and A’s children” as a fee tail if A’s children do not exist at the effective date of the instrument, and as a joint tenancy if A’s children do exist at the effective date. • The rule has been abolished along with the fee…

Rule in Shelley’s Case.Property. The rule that if — in a single grant — a freehold estate is given to a person and a remainder is given to the person’s heirs, the remainder belongs to the named person and not the heirs, so that the person is held to have a fee simple absolute. •…

Rule in Heydon’s case.See MISCHIEF RULE. [Blacks Law 8th]

rule day.See return day (3) under DAY. [Blacks Law 8th]

rule against trusts of perpetual duration.See RULE AGAINST INALIENABILITY. [Blacks Law 8th]

rule against pyramiding inferences.See PYRAMIDING, RULE AGAINST. [Blacks Law 8th]

rule against perpetuities.(sometimes cap.) Property. The common-law rule prohibiting a grant of an estate unless the interest must vest, if at all, no later than 21 years (plus a period of gestation to cover a posthumous birth) after the death of some person alive when the interest was created. • The purpose of the rule…