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Research Notes · The Real Law Journal

Surcharge and Removal: The Remedy as a Record

PublishedVol. I · No. 2pp. 173–188

§ I

Authorship

The author or authors of the work.

Author
Faculty of the School of Trust Law

Real Law Society Academy

§ II

Abstract

On the scope of the work.

A research note on the equitable remedies of surcharge and removal as remedies of record. The note argues that the procedural posture in which each is sought is constitutive of the remedy itself.

§ III

Keywords

Subjects of the article.

  • surcharge
  • trustee removal
  • equitable remedies
  • fiduciary breach

§ IV

The Article

The text.

Surcharge and removal are remedies of record. They issue from a court of equity upon a finding entered in a proceeding the court has supervised. The note treats that procedural fact as part of the remedy, not as an incident of it.

Part I addresses surcharge — the order that a trustee make good a loss caused by breach — and reads the modern cases against the older practice of the chancery.

Part II addresses removal — the order that a trustee step aside — and treats the appointment of a successor as part of the order that removes.

The note closes with the question of standing: who may seek which remedy, and on what showing.

§ V

Preferred Citation

On citing this article.

Faculty of the Sch. of Trust Law, Surcharge and Removal: The Remedy as a Record, 1 Real Law J. 173 (MMXXVI) (research note).
DOI · 10.00000/rlj.i.2.003

§ VII

Editorial History

On the manuscript's passage to print.

  1. MMXXV — Autumn

    Manuscript received.

  2. MMXXVI — Winter

    Published in Vol. I, No. 2.

§ VIII

Revision History

On subsequent revisions.

No revisions have been issued. Substantive revisions, when issued, are recorded here and retained in the institutional archive.

The Real Law JournalVol. I — No. 2Research Notes

The Journal

Return to the issue.

The article belongs to a single issue. Read the table of contents and the editor's introduction in their proper place.

The Real Law Society · Est. MMXXVRead Law. Not Lore.Vol. I — Folio I