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.
