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AIELLO v. AIELLO

No. 04-P-508.

63 Mass. App. Ct. 914 (2005)

GERALD AIELLO v. VIRGIL AIELLO, trustee, & another.

Appeals Court of Massachusetts.

June 20, 2005.

Attorney(s) appearing for the Case

Howard M. Brown for the plaintiff.

The petitioner, Gerald Aiello, appeals from the denial of his request for contribution toward attorney's fees and expenses incurred in prosecution of his petition for partition. We agree that the denial of his request was error, and remand for award of an appropriate amount.

Gerald brought a petition in the Probate and Family Court, seeking partition of property the parties (three brothers) owned as tenants in common. As a

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