eBay

I guess this is where the grey area of the law shows itself. Actually, it may not be all that grey, but I am not a legal professional so I do not know.

Do the people selling these badges have the right to do so? It depends...

If an antique dealer were to purchase items from an estate auction which included a badge - Does the contract which the deceased had with respect to treatment of that badge apply to the antique dealer? Without the dealer even knowing about it or signing such an agreement? I do not believe contracts are transferrable in such a manner.

It is the duty of the estate to carry out the obligations of the deceased. And it is the duty of the owner of an item to collect that item from an estate when the time comes. In order for an owner/fraternity to collect such items from an estate, the simple existence of such agreements would not be enough to prove ownership - the fraternity would need to show an agreement/contract which is signed by the deceased - if that contract is not found or no longer exists... then there is no contract at all. And without a contract showing ownership over a badge by the fraternity (signed by the deceased) they have no claim... and possession is 9/10ths of the law...

If neither of these parties does their part, it is definitely NOT the duty of the purchaser (antique dealer) to carry out the obligations of these other parties. If anything, the antique dealer is providing a service by recovering & making available for purchase a 70 year old antique/collectible badge - the purchase price repays the dealer for their effors of recovering the item. Would you rather the antique dealer melt it down and turn it into a fishing weight?


Another example: Let's say during the process of cleaning out a home after an estate sale, the badge is disposed of (thrown in the trash) - and is later somehow found by a treasure hunter (or whoever)... does this contract between the deceased & the fraternity magically apply to the new owner who found the item discarded/abandoned in the trash?

If the contract does not apply, then how can anyone say this person who found the badge cannot sell it on ebay?