Lot 53: Elizabeth Custer over 600 manuscript pages, a newly discovered, unpublished, Museum-quality archive as the keeper of the flame of Gen. George Armstrong Custer

Name: Elizabeth Custer over 600 manuscript pages, a newly discovered, unpublished, Museum-quality archive as the keeper of the flame of Gen. George Armstrong Custer
Brand: University Archives
SKU: 0c7442aad0
Price: 7000 USD

Est: $20,000 USD - $25,000 USDSold:

University ArchivesWilton, CT, USFebruary 21, 2018

Item Overview

Description

Custer Elizabeth

Approximately 87 pages of various letters and drafts by Elizabeth Custer. Most are undated and written from her apartment at 71 Park Avenue, New York City, and a few were written from Daytona Beach, Florida, ca. 1927-1932. Several notebooks, as well as a buggy whip, are included with this lot. Since generally men were the individuals driving buggies at the time, it is assumed that the buggy whip belonged to General Custer. The existence of a whip is also noted in one of the notebooks. Letters are in very good to near fine condition, with expected paper folds, toning, and isolated foxing. Cover of one of notebooks is missing; another is detached. Buggy whip has repaired handle appearing to be made of ribbed ivory, the whole measuring approximately 27" long.

Much of the popular legend surrounding the dashing figure of George Armstrong Custer came from the pen of his devoted wife, Elizabeth. Married to the young army officer for only a dozen years, Elizabeth Bacon Custer traveled with her husband to his frontier army assignments and later wrote three books on her experiences. She also gave speeches and wrote numerous articles for newspapers and magazines and carefully nurtured his image in popular culture.She kept in touch with his relatives in their hometown of Monroe, Michigan, and was instrumental in the erection of an equestrian statue of General Custer there in 1910, dedicated by President William Howard Taft.

This archive, covering the last years of her life, reveals a woman in her 80s still promoting her husband's legacy and writing hundreds of letters annually to a host of correspondents from her apartment on Park Avenue in New York and from her winter retreat in Daytona Beach, Florida.This archive consists of six bound volumes and dozens of drafts of letters from the years 1918 to 1932. Approximately 605 pages of text.

Items include the following:

Elizabeth B. Custer, 2pp ALS to Margaret Flood, November 20, ca. 1927, Daytona Beach, Florida. 8.5" x 10.75".

In part: “Today I am in great haste to get this letter to you asking if you will send me my purple wadded wrapper, by parcel post .... If you do not find it do not bother. I ought to have remembered that I would need it here, as the mornings and nights are cold and I like it when I camp down on the bed for a daytime nap".

Margaret Flood (1889-1968) was born in Ireland and immigrated to the United States in 1911. She began as a servant for Elizabeth Custer in 1914. In 1920, she married Patrick Flood (1888-1973) who immigrated to the United States from Ireland in 1908 and served in the army in World War I. In 1930, both she and her husband Patrick lived with Elizabeth Custer as servants at 71 Park Avenue.

Elizabeth B. Custer, 2pp autograph letter initialed to Margaret Flood, [November] 24, ca. 1927, [Daytona, Florida]. 8.5" x 10.75".

“In my wrapper on the back porch where no one but the gardener sees me”.

“Miss Elizabeth has learned to manage her car so well that I am not as afraid to go with her as I was last year. You will soon see the tenants for I know that you will stay and welcome them in. ‘Keep your ear to the ground’ and learn if there is any thing that they seem to need. For you and I are in the business now of renting and I want to satisfy any tenant that comes. I keep thinking of you, going around to hunt a place to live and I am sorry that you have to do it. Perhaps something may turn up next year that may be able to walk right into comfortable quarters for the four months”

“There is a big theatre building across the river that the people built themselves and there excellent one night companies come and there will be a week of opera after the holidays, so we are not entirely without amusement”.

Elizabeth B. Custer, 2pp autograph letter initialed to Margaret Flood, December 31, ca. 1927, [Daytona, Florida].8.5" x 11".

“I like this boarding house very much. I had been here before and Mrs Purdy is most kind to me.... Jno Wellington & Elizabeth I see daily and I am to begin reading for Mrs Guthrie who has a home near with three old & poor ladies as guests. She brings them from St Paul, Minn. I envy her such a chance to do good for poverty stricken gentel [sic] women.... The beach the finest in the world, is about three miles from here with races and bathers from all over the country”.

“Tell me about your flat when you write. I hope you will be contented but if you don’t why not give it up & store when I get back & begin again at 71. Next time you might have better luck. I think it so bad that the builders put up nothing for the working people”.

Elizabeth B. Custer, 1p autograph letter initialed to Margaret Flood, February 14, ca. 1928, [Daytona, Florida]. 5.75" x 8.5".

“I am sorry enough about the difficulty in getting a job. Dont you think the whole country seems so sort of turned upside down. But one reason I believe that there are so few jobs is, that new mass labor saving machines are depriving the laborer looking for work”.

In the 1920s, Elizabeth Custer bought an apartment on the ninth floor of a red stone building at 71 Park Avenue in New York City.

Elizabeth B. Custer, 2pp autograph letter draft to [Benjamin?] Dansard, ca. 1926-27, New York, NY. 5.75" x 8.5".

“If I could tell you how the General’s memory is cherished over the country, of the hundreds that I have answered this year regarding the fiftieth anniversary of the battle of the Little Big Horn, you who are working out the scheme for the removal of the statue would be more than ever convinced that it should be on a thoroughfare. I am surprised at the general interest over the Country after over 50 years in anything that pertains to the General. But I realize more than ever from your letter that much thought must be given to any site proposed”.

Benjamin Dansard III (1883-1928) was a financier in Monroe, Michigan.

Elizabeth B. Custer, 2pp autograph letter draft to [Benjamin?] Dansard, ca. 1926-27, New York, NY. 5.75" x 8.5".

“I appreciate especially the part of your letter regarding the caution necessary in the selection of the site. The mistake made when it was moved to a portion of the town where no signs of progress were visible will be remembered I feel sure. When it was moved there was such surety on the part of numbers that the town would grow up directly around the statue. In our many campaigns it was in General Custers duty to guard the builders of railroads thro’ the western wilderness when the Indians protested as an invasion of their Country. It was so often the flash in the pan the beginnings of towns and our hearts were touched with the deserted groups of half formed chimneys & parts of buildings. But as I look at the plans and realize that the necessity of further enlargement of the town, I feel less anxiety that the statue if moved will be followed up with substantial buildings”.

Elizabeth B. Custer, 2pp autograph letter draft to Claribel “Clara” Custer Vivian, ca. 1929-1932, New York, NY. 5.75" x 8.5"

“My job trying to give away to charities philanthropies schools relatives &c &c. sometimes lays me flat on my back, but I am trying to go slow. Thank you for your promptness. I will not attempt to give to the town churches since they are prosperous but will be so glad to give to any on the river above the farms. Should I address ‘the Rural Church,’ care of an Elder or of one of you Custer’s[?]”

Claribel Custer Vivian (1863-1950) was born in Ohio, the daughter of Nevin J. Custer, (1842-1915), George A. Custer’s younger brother. She married Andrew Vivian (1851-1916) in 1865, and they lived in Monroe, Michigan.

Elizabeth B. Custer, 3pp autograph letter initialed to Agnes Bates Wellington, ca. 1930-1931, New York, NY. 5.5" x 8.5".

“I counted up my letter book three hundred mostly in reply to those who wrote me of the fiftieth anniversary of the battle of the Little Big Horne, where Custer fell. A great many of the letters were a few lines but I could not help sending a reply”.

“Oh, Agnes it seems years instead of months since I saw you. I have missed you so. If I had gone to Daytona for a little time the separation would not seem so long now. I cannot plan to do anything much for neuralgia has my neck and rheumatism, my knee! ... I am disciplining myself to the loss of the Cosmopolitan Club .... P.S. I would be very lonely Im afraid but May and Charles Elmer live in Brooklyn & I see them often”.

Agnes Bates Wellington (1850-1937) was born in Monroe, Michigan, and was a childhood friend of Elizabeth Bacon. She spent nearly a year with George and Elizabeth Custer on the frontier in the early 1870s. In 1878, Agnes Bates married Arthur M. Wellington, a railroad engineer and later editor of an engineering periodical.

Elizabeth B. Custer, 4pp autograph letter to Agnes Bates Wellington, ca. 1932, New York, NY. 8" x 10".

“I cannot tell you how I appreciate my home and Margaret & Patrick and May Elmer (who is near) and she coming to stay with me a week or so. But the club which is always such a pleasure is in the new beautiful club house in the Sixties (usually not dreaded) but now getting in & out taxies is to be dreaded and the crossings are lived over in my dreams at night. I am so afraid of them. But oh how little I have to trouble me compared to so many in the nineties!”

> “I am again interested in the hope of the statue being removed. I hardly think that there is enough energy in me to take any prominent part but May and Charles have enough to carry the movement, and they are laying in weight for the Mayor. I believe that if he is vulnerable May can persuade him to start the scheme”.

Elizabeth B. Custer, 3pp autograph letter signed to Ms. Frazer, ca. 1932, New York, NY. 5" x 8".

“I dont know how to begin my letter for I want to tell you how much I appreciate your constant remembrance of me (and you, so busy a woman) I feel every kindness this year for I am not quite ‘up to the mark’ and a good deal of a ‘shut in,’ all because I overdo and neglect to go slow, now that I am ninety years old.... It is such a trial to want to do things and find that, for the time being, one is a good for nothing”.

“Will you come and see me soon. I want to have you see a rocking chair that my ancestors brought to Michigan before I was born. The Pages did not wait for the railroad that was talked of but not built until sometime after. one of the third generation has just given the rocker to me. I can see the chair in its infancy tied on the end of the covered wagon. They crossed Lake Erie in a schooner and the Grand Rapids river was the end of the long trail to them”.

>Elizabeth B. Custer, autograph fragments, ca. 1929-1932:

“I am in deep trouble about the unexpected wealth that has taken me so suddenly. It may be that I had not kept returns from the sale of Boots & Saddles, which has been constant so long. I have to make a will since I have so much more now than I dreamed. Mr Wheaton at the bank has no time and less interest. I see no way out except to make a list of those I value more and put a figure against each!”

“I will try to think of little else but studying where the fortune had best be distributed. Your suggestion of retaining the present will [persistently?] and asking Mrs Elmer niece of the Genl’s to help me in my bequests. She has learned to be an excellent business woman and both she & Charles will fall in with any plans or make new ones”.

“I account for the large sales of my first book that I was almost the only one writing of the country and of military life on the frontier at the time. our regiment the 7th Cav. was guarding the builders of the first railroad from the Missouri River to Denver Colorado. I wrote two other books later of our unusual life and I have returns even now all but one are still in print. For a long time when I was alone after I came here to New York to live I wrote regularly ....”

“Surrender Table–now in Washington? Terms of Surrender of General Lee (Confederate) to General Grant signed on table. General Sheridan gave the table to EBC with letter—'No one has done more to bring about this glorious day than your very gallant husband”.

Memorandum book contains a variety of items including inventories, excerpts from articles and books, and other notes, 1926-1932. 234 pp. (117 with text), 6.5" x 8.25" in.

“Romance is not dead. ‘No woman has lived her life in vain who has filled the horizon of one soul’. N.Y. Times. William Bingham Newcastle Wyoming”.

“A’s book, to Agnes B. Wellington September 3rd 1926”.

“‘Now for more than half a century this highly accomplished and charming gentlewoman has devoted herself to the memory of General Custer in ways to merit the admiration of all who are privileged to know about it’ Robert Bruce in article on Little Big Horn by Charles F. Roe, U.S.A.... 1927”.

“Breast pin, pearl ring ret. to safe Deposit July 19th 1927. No papers of importance in box”.

“Mr Culver (real estate) thinks the apt. 71 $18200 (at cost) about 1923 ought to bring $22000 now”.

“Cousin Rebecca Richmonds bequest--$10,000 left with Mech. Trust Company Grand Rapids in trust. Net income to be paid to EBC by company. After my death the fund to be disposed of as further provided in the will--$504 Year ended April 1st 1928”.

“Wrote asking Armstrong to get a list of the churches without regard to creed. Aug 6”.

“Dear Mr Wheaton. I am taking a check book which belonged to Charles Francis Bates containing a deposit of $300 that I gave him toward the expenses of removing the Equestrian statue of General Custer now in Monroe Michigan to a more desirable position on the opposite side the river Raisin where a new city is being formed and where several of the larger buildings are named for have already the name of Custer. I have as yet done nothing for the present scheme but I feel if the plans are carried out it will be quite the best site in town for the statue”.

[Note in margin:] “later 1931 changed my mind EBC”.

“1929 Aug Fearing that I might pass on before making a new will I made a temporary one with Mrs. Agnes B. Welling[ton] & May Custer Elmer”.

“The list opposite may aid in making a list of articles I wish to give away in my will or a memorandum as a suggestion".

“Executors May & Agnes, money set aside at once for their expenses. Possibly Margaret would be of much service to Executors".

“Custer Hall, Hays Kansas

Custer Battlefield Highway Mitchel South Dakota

Custer Battlefield National Cemetery, Crow Agency, Montana Eugene Wessmyer Supt.

Cosmopolitan Club

Court House Monroe My fathers portrait, where he served so long as Judge of Probate

Cemetery, care of Custer and Bacon graves

Little church near the river near Custer farms

Where all the Custers on the farm work

Little church on the main road H5N on the river, opposite bank”.

“‘Garry Owen’-&th Cavalry regimental tune, so selected & named by the General

‘Our hearts so stout has got us fame,

For since ’tis known from whence we came

Where’er we go they dread the name

Of Garry Owen in glory!’”

“‘On the Plains with Custer’ J. B. Lippincott Co., Philadelphia

Dedication

The Western Life and deeds of the Chief with the yellow hair, under whom served boy buglar Ned Fletcher when in the troublous years, 1866-1876, the fighting Seventh Cavalry helped to win pioneer Kansas, Nebraska, and Dakota for white civilization and todays peace.’”

“Will—1931 If statue G.A.C Leave means for moving & to meet part of expense for upkeep of statue. Leave means for bed in St Marys hospital in Monroe in Auties name. Leave sum at interest for upkeep of Custer Church near Custer farm.”

“Articles of papers pertaining to GAC 1931. Two parchments signed by Pres. Lincoln. Fram[e] one for West Point Armory, one for Monroe Armory”.

“Safe (from Wanamakers[)] Now in Guest Room Vault Iron (small safe) 53529 (Style 3½ Turn to the left 3 times to 3 Right, 2 turns Right 41 Left twice to 41, once to 17, Right, open”.

“Autie after he had captured in battle Genl Rossers personal luggage sending him a message, left with the last Confederate ? as the Division was marching to camp for the night. Genl Rossers compliments & would he direct the tailor to cut the tails of his coat shorter next time. At Genl Rosser saluting before a charge Both sides drawn up for the advance”.

“Motto on Spanish sword Do not draw me without cause. Do not sheath me without honor”.

Memorandum Book contains lists of names of correspondents, often with dates of writing, 1924-1926. 146 pp. (142 with text), 4" x 6".

Even in her eighties, Custer was a prodigious letter-writer. She responded to more than three hundred requests for information around the fiftieth anniversary of the Battle of Little Bighorn in 1926. Correspondents include banks, publishers, historical societies, the War Department, and many other institutions and individuals. Entries occasionally have a brief note of the purpose.

“Feb 13 U.S.P.O. with card for 12 cent postage due on parcel”.

“Mrs Ramsdale $15 for Xmas at Cos Club”.

Memorandum Book contains list of correspondents, 1927-1932. 148 pp. (135 filled), 4" x 6".

On the first page, Custer included her telephone number, “Caledonia 4456” and address in New York, “71 Park Ave.” and her address in Daytona Beach, “211 South St., Mrs. Purdy” to ensure that anyone who found the memorandum book could return it. She also included a note that she wrote 225 letters in four months from December 1927 to March 1928.

[March 26, 1928:] “Mr Wheaton telling him May would meet & take me home if tenants were not out”.

“R. H. McPherdon, Columbus, Ohio Reqt photo of A mounted-p. card”.

“Margaret with us 15 years June 1929 / 1932 April ‘going on 17 years’”.

“‘I am convinced with weather so perfect vegetation so profuse that we might find the trail of Adam and Eve in these Florida glades.’ EBC Feb. 1927”.

Two bound volumes, perhaps related to Custer’s move from her home in Bronxville to her apartment in New York City:

Inventory of household furnishings, ca. 1920. 26 pp. (11 with text), 6" x 8".

Inventory of household furnishings and perhaps purchases, including some book titles, 1918-1923. 72 pp. (57 with text), 6.75" x 8.5".

Another bound volume, containing two alphabetical lists with one letter on each page. The first contains names. The second seems to be individuals and institutions to whom Custer sent pamphlets in 1921. Another list of “Heads of animals shot by the General” includes the notation “heads of animals shot in Nebraska and Dakota—Buffalo—Grisley bear—Antelope head.” A February 1923 list includes 46 individuals and historical societies across the country to whom she sent pamphlets. 118 pp. (56 with text), 6.75" x 8.25".

Elizabeth Clift Bacon Custer (1842-1933) was born in Michigan as the daughter of an influential and wealthy judge. She graduated from a girls’ seminary at the head of her class in June 1862. She first met George Armstrong Custer (1839-1876) in the autumn of 1862, but her father thought Custer was beneath her, and he wanted her to have a better life than that of an army wife. After Custer received promotion to brevet brigadier general in 1863, Judge Bacon was more approving and allowed Elizabeth to marry Custer on February 9, 1864, in Michigan. Both George and Elizabeth Custer were ambitious and stubborn, and their dozen years of marriage were tumultuous. She followed her husband to every assignment, refusing to be left behind in comfort. After the war, Brevet Major General Custer reverted to his Regular Army rank of lieutenant colonel and held a series of frontier assignments in Texas, Kansas, and the Dakota Territory. In 1876, he left his wife at Fort Abraham Lincoln in the Dakota Territory to pursue Sitting Bull, Crazy Horse, and other Sioux and Cheyenne. After Custer’s death at the Battle of Little Big Horn, President Ulysses S. Grant publicly blamed him for blundering into a massacre. Elizabeth Custer quickly defended her husband’s image, aiding his first biographer and writing articles and books of her own praising Custer. Her version prevailed in popular culture for decades. She never remarried and was a widow for more than a half-century before her death in New York City. She was buried next to her husband in the United States Military Academy Post Cemetery at West Point.

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University Archives will record the paddle number of the Bidder. If Bidder's absentee bid is successful, Bidder will be notified after the sale by mailed or emailed invoice.

University Archives reserves the right to accept or decline any bid. Bids must be for an entire lot and each lot constitutes a separate sale. All bids are per lot unless otherwise announced. Live auction lots will be sold in their numbered sequence unless University Archives directs otherwise. It is unlawful and illegal for Bidders to collude, pool, or agree with another Bidder to pay less than the fair value for lot(s). For live auctions, University Archives will have final discretion in the event that any dispute should arise between Bidders. University Archives will determine the successful Bidder, cancel the sale, or re-offer and resell the lot or lots in dispute. University Archives will have final discretion to resolve any disputes arising after the online auction. If any dispute arises, University Archives' sale record is conclusive.

University Archives shall determine opening bids and bidding increments. University Archives has the right in its absolute discretion to reject any bid in the event of dispute between Bidders or if University Archives has doubt as to the validity of any bid, to advance the bidding at its absolute discretion and to determine the successful Bidder in the event of a dispute between Bidders, to continue the bidding or to reoffer and resell the lot in question. In the event of a dispute after the sale, University Archives' record of final sale shall be conclusive. University Archives also may reject any bid if University Archives decides either that any bid is below the reserve of the lot or article or that an advance is insufficient. Unless otherwise announced by University Archives at the time of sale, no lots may be divided for the purpose of sale.

Bidder may open, monitor, and/or raise bids at any time before the close of a lot through www.invaluable.com or www.universityarchives.com. To ensure proper registration, those Bidders intending to bid via the Internet must visit www.invaluable.com and register accordingly at least one full day prior to the actual auction. Winning bidders will be notified by University Archives. University Archives is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.

Property is auctioned in consecutive numerical order, as it appears in the online auction catalog. The auctioneer will accept bids from absentee bidders participating by internet or by written bid left with University Archives in advance of the auction. The auctioneer may also execute a bid on behalf of the consignor to protect the reserve, either by entering a bid in response to absentee bids. Under no circumstances will the auctioneer place any bid on behalf of the consignor above the reserve. The auctioneer will not specifically identify bids placed on behalf of the consignor to protect the reserve.
University Archives is not responsible or liable for any problems, delays, or any other issues or problems resulting out of use of the Internet generally or specifically, including but not limited to transmission, execution or processing of bids.

To maximize Bidder's chance of winning, University Archives strongly encourages the use of maximum bids. University Archives will then bid for Bidder until the lot reaches Bidder's specified maximum. Maximum bids are strictly confidential.

Absentee bidding (advance written bids submitted prior to start of the auction) are offered solely as a convenience and permitted only prior to the start of the online auction, with University Archives' approval which shall be exercised at University Archives' sole discretion. Neither University Archives nor its agents or employees shall be held liable for the failure to execute bids or for errors relating to any transmission or execution thereof. In order to be considered for advance bidding in any manner, Bidders must comply with all of these Conditions of Sale and the terms contained on the Registration Form.

Buyer's Premium. The Bidder acknowledges and agrees that a total of a 25% Buyer's premium(we charge 20% and Invaluable, eBay and AuctionZip charge an additional 5%) will be added to the hammer price on all individual lots sold in live Auctions (the "Buyer's Live Premium"). Delivery of purchased items will not be made unless and until full payment has been received by University Archives, i.e., Paypal, check or credit card funds have fully cleared. Unless otherwise agreed in writing, signed by University Archives, payment in full is due within seven (7) calendar days of the invoice date. All purchases delivered to Connecticut are subject to applicable Connecticut sales tax unless the purchaser possesses a Connecticut sales tax exemption number. University Archives' Buyer's Premium does not include any fees assessed by third-party internet bidding platforms. Please refer to the internet bidding platform's terms and conditions for any additional premium charged.

Payment. Subject to fulfillment of all of the Conditions of Sale set forth herein, upon the sooner of (1) the passing of title to the offered lot pursuant to these Conditions of Sale, or (2) possession of the offered lot by the Bidder, Bidder thereupon (a) assumes full risk and responsibility (including without limitation, liability for or damage to frames or glass covering prints, paintings, photos, or other works), and (b) will immediately pay the full purchase price or such part as University Archives may require.

Payment is due upon presentment of an invoice, following the end of auction. University Archives reserves the right to void an invoice if payment in full is not received within seven (7) calendar days of the of the invoice date. In cases of nonpayment, University Archives' election to void a sale does not relieve the Bidder from their obligation to pay University Archives its fees (seller's and Buyer's Premium) on the lot and any other damages pertaining to the lot.

We accept credit cards for payment for any winning online bidders at all sales. We require credit card information to bid, and may use it for payment if you are the winning bidder.

All payments for sales are strictly in U.S. dollars via Paypal, credit cards, personal checks, cashier checks, bank money orders and wire transfers, and are subject to all reporting requirements.

All deliveries are subject to good funds; funds being received in University Archives' account before delivery of the Purchases; and all payments are subject to a clearing period. University Archives reserves the right to determine if a check constitutes "good funds": checks drawn on a U.S. bank are subject to a ten (10) calendar day hold, and ten (10) business days when drawn on an international bank.

In the event that a Bidder's payment is dishonored upon presentment(s), Bidder shall pay the maximum statutory processing fee set by applicable state law. If Bidder attempts to pay via check and the financial institution denies the transfer from Bidder's bank account, or the payment cannot be completed using the selected funding source, Bidder agrees to complete payment.

If University Archives refers any invoice to an attorney for collection, the Bidder agrees to pay attorney's fees, court costs, and other collection costs incurred by University Archives. If University Archives assigns collection to its house counsel, such attorney's time expended on the matter shall be compensated at a rate comparable to the hourly rate of independent attorneys.

University Archives shall have a lien against the merchandise purchased by the Bidder to secure payment of the Auction invoice. University Archives is further granted a lien and the right to retain possession of any other property of the Bidder then held by University Archives or its affiliates to secure payment of any Auction invoice or any other amounts due University Archives or affiliates from the Bidder. With respect to these lien rights, University Archives shall have all the rights of a secured creditor, including but not limited to the right of sale. In addition, with respect to payment of the Auction invoice(s), the Bidder waives any and all rights of offset he might otherwise have against University Archives and the consignor of the merchandise included on the invoice (the "Consignor"). If a Bidder owes University Archives or its affiliates on any account, University Archives and its affiliates shall have the right to offset such unpaid account by any credit balance due Bidder, and it may secure by possessory lien any unpaid amount by any of the Bidder's property in their possession.

All checks, cashiers checks, bank checks, or money orders are payable to University Archives.

Title shall not pass to the successful Bidder until all invoices are paid in full. It is the responsibility of the Bidder to provide adequate insurance coverage for the items once they have been delivered to a third-party shipper.

Shipping. Bidder is liable for shipping and handling. University Archives is unable to combine purchases from other auctions or affiliates into one package for shipping purposes. Lots won will be shipped in a commercially reasonable time after payment in good funds for the merchandise and the shipping fees is received, except when third-party shipment occurs. Bidder agrees that service and handling charges related to shipping items which are not pre-paid may be charged to a credit card on file with University Archives.

Successful international Bidders shall provide written shipping instructions, including specified Customs declarations, to University Archives for any lots to be delivered outside of the United States. NOTE: Declaration value shall be the item'(s) hammer price and University Archives shall use the correct harmonized code for the lot. Domestic Bidders on lots designated for third-party shipment must designate the common carrier, accept risk of loss, and prepay shipping costs.

University Archives assumes no and disclaims all responsibility and liability for acts or omissions in such packing or shipping by University Archives or other packers and carriers, whether or not recommended by University Archives. University Archives assumes no and disclaims all responsibility and liability for damage to frames, glass or other breakable items. Where University Archives arranges and bills for such services via invoice, University Archives will include an administration charge.

Withdrawal of Lots and Postponement of Auction. University Archives reserves the right to withdraw any lot before or at the time of the Auction, and/or to postpone the Auction of all or any lots or parts thereof, for any reason. University Archives shall not be liable to any Bidder in the event of such withdrawal or postponement under any circumstances. University Archives reserves the right to refuse to accept bids from anyone.

University Archives reserves the right to postpone the Auction or any session thereof for a reasonable period of time for any reason whatsoever, and no Bidder or prospective Bidder shall have any claim as a result thereof, including consequential damages.

Reserves. Lots may be subject to a reserve which is the confidential minimum price below which the lot will not be sold. Consignors may not bid on their own lots or property, unless they pay both a buyer's and seller's commission. University Archives may also execute bids on behalf of a consignor or the house account, but never above the low estimate. If a lot does not reach the reserve, it is bought-in. In other words, it remains unsold and is returned to the Consignor. University Archives has the right to sell certain unsold items after the close of the Auction. Such lots shall be considered sold during the Auction and all these Terms and Conditions shall apply to such sales including but not limited to the Buyer's Premium, return rights, and disclaimers.

Estimates. In addition to descriptive information, each item in the Catalog sometimes includes a price range which reflects opinion as to the price expected at auction (the "Estimate Prices"). In other instances, Estimate Prices can be obtained by calling University Archives at (203) 454-0111. The Estimate Prices are based upon various factors including prices recently paid at auction for comparable property, condition, rarity, quality, history and provenance. Estimate Prices are prepared well in advance of the sale and subject to revision. Estimates do not include the Buyer's Premium or sales tax (see under separate heading).

Consigned Property. University Archives offers lots owned by the house as well as consigned items.

Failure to comply with Terms and Conditions. Failure of the Bidder to comply with any of these Conditions of Sale or the terms of the Registration Form is an event of default. In such event, University Archives may, in addition to any other available remedies specifically including the right to hold the defaulting Bidder liable for the Purchase Price or to charge and collect from the defaulting Bidder's credit or debit accounts as provided for elsewhere herein: (a) cancel the sale, retaining any payment made by the Bidder as damages (the Bidder understands and acknowledges that University Archives will be substantially damaged should such default occur, and that damages under sub-part (a) are necessary to compensate University Archives for such damages); (b) resell the property without reserve at public auction or privately; (c) charge the Bidder interest on the Purchase Price at the rate of one and one-half percent (1.5%) per month or the highest allowable interest rate; (d) take any other action that University Archives, in its sole discretion, deems necessary or appropriate to preserve and protect University Archives' rights and remedies. Should University Archives resell the property, the original defaulting Bidder shall be liable for the payment of any deficiency in the purchase price and all costs and expenses associated there with, including but not limited to warehousing, sales-related expenses, reasonable attorney fees and court costs, commissions, incidental damages and any other charges due hereunder which were not collected or collectable. In the event that such Bidder is the successful Bidder on more than one lot and pays less than the purchase price for the total lots purchased, University Archives shall apply the payment received to such lot or lots that University Archives, in its sole discretion, deems appropriate. If University Archives does not exercise such discretion, the lots to which the payment shall be applied will be in descending order from the highest purchase price to the lowest. Any Bidder failing to comply with these Conditions of Sale shall be deemed to have granted University Archives a security interest in, and University Archives may retain as collateral such security for such Bidder's obligations to University Archives, any property in University Archives' possession owned by such Bidder. University Archives shall have the benefit of all rights of a secured party under the Uniform Commercial Code (U.C.C.) as adopted by the State of Connecticut.

Warranties. University Archives does not provide any warranties to Bidders, whether expressed or implied, beyond those expressly provided in these Conditions of Sale. All property and lots are sold "as is" and "where is". By way of illustration rather than limitation, neither University Archives nor the Consignor makes any representation or warranty, expressed or implied, as to merchantability or fitness for intended use, condition of the property (including any condition report), correctness of description, origin, measurement, quality, rarity, importance, exhibition, relevance, attribution, source, provenance, date, authorship, condition, culture, genuineness, value, or period of the property. Additionally, neither University Archives nor the Consignor makes any representation or warranty, expressed or implied, as to whether the Bidder acquires rights in copyright or other intellectual property (including exhibition or reproduction rights) or whether the property is subject to any limitations or other rights. University Archives does not make any representation or warranty as to title.

All descriptions, photographs, illustrations, and terminology including but not limited to words describing condition (including any condition reports requested by Bidder, see also Terminology), authorship, period, culture, source, origin, measurement, quality, rarity, provenance, importance, exhibition, and relevance, used in the online Auction Catalog, bill of sale, invoice, or anywhere else, represent a good faith effort made by University Archives to fairly represent the lots and property offered for sale as to origin, date, condition, and other information contained therein; they are statements of opinion only. They are not representations or warranties and Bidder agrees and acknowledges that he or she shall not rely on them in determining whether or not to bid or for what price. Price estimates (which are determined well in advance of the Auction and are therefore subject to revision) and condition reports are provided solely as a convenience to Bidders and are not intended nor shall they be relied on by Bidders as statements, representations or warranties of actual value or predictions of final bid prices.

Headings are for convenience only and shall not be used to interpret the substantive sections to which they refer.

Bidders are accorded the opportunity to inspect the lots and to otherwise satisfy themselves as to the nature and sufficiency of each lot prior to bidding, and University Archives urges Bidders to avail themselves accordingly. Bidder is encouraged to examine lots thoroughly online. Bidder may also request condition reports.

All lots sold by University Archives are guaranteed authentic. This guarantee is valid from date of the Auction in which Bidder was awarded the lot (the "Auction Date") until one (1) year after the Auction Date, without exception. We encourage the bidder to seek third party opinions on authenticity within the one year period.

Lots purchased will come with a printed Auction Certificate and a description of the item. A color, fraud-proof Certificate, hand signed by John Reznikoff, is available for an extra charge, at the discounted rate of $125 each for any lots purchased.

In the event that University Archives is prevented for any reason from delivering any property to Bidder, or Bidder is otherwise dissatisfied with the performance of University Archives, the liability, if any, of University Archives, shall be limited to, and shall not exceed, the amount actually paid for the property by Bidder. In no event shall University Archives be liable for incidental, special, indirect, exemplary or consequential damages of any kind, including but not limited to loss of profits, value of investment or opportunity cost.

Sale of Firearms. University Archives complies with all Federal and State rules and regulations relating to the purchasing, registration and shipping of firearms. A Bidder is required to provide appropriate documents and the payment of associated fees, if any. Bidder is responsible for providing a shipping address that is suitable for the receipt of a firearm.

Remedies Under no circumstance will University Archives incur liability to a Bidder in excess of the purchase price actually paid. This section sets forth the sole and exclusive remedies of Bidder in conformity with the Warranties and Limitation of Damages provisions of these Conditions of Sale, and is expressly in lieu of any other rights or remedies which might be available to Bidder by law. The Bidder hereby accepts the benefit of the Consignor's warranty of title and any other representations and warranties made by the Consignor for the Bidder's benefit. In the event that Bidder demonstrates in writing, in the sole discretion of University Archives, that there was a breach of the Consignor's warranty of title concerning a lot purchased by Bidder, University Archives shall make demand upon the Consignor to pay to Bidder the Purchase Price (including any premiums, taxes, or other amounts paid or due to University Archives). Should the Consignor not pay the Purchase Price to Bidder within thirty days after such demand, University Archives shall disclose the identity of the Consignor to Bidder and assign to Bidder all of University Archives' rights against the Consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of University Archives with respect to said lot or property shall automatically terminate. University Archives shall be entitled to retain the premiums and other amounts paid to University Archives - this remedy is as to the Consignor only. The rights and remedies provided herein are for the original Bidder only and they may not be assigned or relied upon by any transferee or assignee under any circumstances.

If Bidder wishes to challenge the the authenticity of any item, Bidder must present written evidence that the lot is not authentic as determined by two disinterested, known experts in the field, agreeable to us, within a period of one year from the auction date. If University Archives agrees that the lot is not as represented, Bidder's sole and exclusive remedy shall be a refund of their purchase price, with no other costs, liabilities or amounts recoverable. If University Archives does not agree with the claim by Bidder, then the Parties shall follow the dispute resolution procedures of these Conditions of Sale.

Any such challenge concerning authenticity must, without any exception, be brought within one (1) year of Bidder's notice to University Archives of Bidder's contention that the lot was not authentic.

If the description of any lot in the Catalog is materially incorrect (e.g., gross cataloging error), the lot is returnable if returned within five (5) calendar days of receipt, and received by University Archives no later than twenty-one (21) calendar days after the Auction Date. This paragraph shall constitute Bidder's sole right with respect to the return of items, and no refunds shall be given for any items not returned to and received by University Archives. All guarantees are applicable only to original purchaser. No returns will be accepted other than on the grounds of authenticity for any item that is described as having major flaws or restoration.

NO RETURN OR REFUND OF ANY AUCTION LOT WILL BE CONSIDERED EXCEPT AS PROVIDED IN THESE CONDITIONS OF SALE.

These Conditions of Sale constitute the entire agreement between the parties together with the terms and conditions contained in the Registration Form. They may not be amended, modified or superseded except in a signed writing executed by all parties. No oral or written statement by anyone employed by University Archives or acting as agent or representative of University Archives may amend, modify, waive or supersede the terms herein unless such amendment, waiver or modification is contained in a writing signed by all parties.

If any section of these Conditions of Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way.

The Parties agree that any agreements between the Parties including but not limited to these Conditions of Sale are entered into in Westport, Connecticut, no matter where Bidder is situated and no matter by what means or where Bidder was informed of the Auction and regardless of whether catalogs, materials, or other communications were received by Bidder in another location.

The Parties agree that these Conditions of Sale, and any other related agreement(s) are governed by the laws of the State of Connecticut, without regard for its conflict of laws principles. The Parties agree that any dispute related to or arising out of these Conditions of Sale, or related to or arising out of any other related agreement(s) shall be submitted to confidential binding arbitration (the "Arbitration") before a single Arbitrator of the American Arbitration Association (the "AAA"). The Parties agree that the Arbitration shall be conducted pursuant to the commercial rules of the AAA. In the event that the Parties cannot agree on the selection of the Arbitrator, then the Arbitrator shall be selected by the AAA. The prevailing Party in the Arbitration shall be entitled to recover all of its related costs, whether before or after the formal institution of the Arbitration, including but not limited to its reasonable attorneys' fees and, if University Archives prevails, the Buyer's Premium as defined in these Conditions of Sale. The Parties agree that Bidder shall have no right to recover consequential or indirect damages, or lost profits damages.

The Parties consent to the enforcement of the decision in the Arbitration pursuant to the Federal Arbitration Act in either the courts of the State of Connecticut or the United States District Court for the District Westport.

Except as provided in Bidder's Remedies with regard to the Certification of Authenticity, any dispute, claim, cause of action related to or arising out of these Conditions of Sale or any other agreement(s) between the Parties must be brought within one (1) year of the acts, omissions or circumstances giving rise to the alleged claim, without exceptions. This provision is intended as a full, complete and absolute release of any claims after one (1) year of such acts, omissions or circumstances. The Parties agree further that these waiver provisions are intended to be binding on all parties in the event of any dispute, specifically including but not limited to third party claims and cross-actions brought by either University Archives or Bidder. These provisions are consideration for the execution of these Conditions of Sale.

The Bidder hereby agrees that University Archives shall be entitled to present these Conditions of Sale to a court in any jurisdiction other than set forth in this paragraph as conclusive evidence of the Parties' agreement, and the Parties further agree that the court shall immediately dismiss any action filed in such jurisdiction.

Notwithstanding the foregoing, University Archives may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Connecticut or the United States District Court for the District of Connecticut rather than in an Arbitration related to or arising out of any Auction of an item sold for less than $10,000. This right shall relate to the individual item price, such that University Archives may, in its sole discretion, enforce its rights pursuant to these Conditions of Sale in the courts of the State of Connecticut or the United States District Court for the District of Connecticut rather than in an Arbitration for items that in the aggregate exceed $10,000. The prevailing Party in such a proceeding shall be entitled to recover all of its related costs, whether before or after the formal institution of the proceeding, including but not limited to its reasonable attorneys' fees and, if University Archives prevails, the Buyer's Premium as defined in these Conditions of Sale. This right of enforcement is unique to University Archives, and these Conditions of Sale are a waiver by the Bidder of any right to enforcement or adjudication outside of an Arbitration.

Under no circumstances is any employee, agent or representative of University Archives authorized by University Archives to modify, amend, waive or contradict any of these Conditions of Sale, any term or condition set forth on a registration form, any warranty or limitation or exclusion of warranty, any term or condition in either the Registration Form or these Terms and Conditions regarding payment requirements, including but not limited to due date, manner of payment, and what constitutes payment in full, or any other term or condition contained in any documents issued by University Archives unless such modification, amendment, waiver or contradiction is contained in a writing signed by all parties. Any statements, oral or written, made by employees, agents or representatives of University Archives to Bidder, including statements regarding specific lots, even if such employee, agent or representative represents that such statement is authorized, unless reduced to a writing signed by all parties, are statements of personal opinion only and are not binding on University Archives, and under no circumstances shall be relied upon by Bidder as a statement, representation or warranty of University Archives.

Agreements. Agreements between Bidders and Consignors to effectuate a non-sale of an item at Auction, inhibit bidding on a consigned item to enter into a private sale agreement for said item, or to utilize University Archives' Auction to obtain sales for non-selling consigned items subsequent to the Auction, are strictly prohibited. If a subsequent sale of a previously consigned item occurs in violation of this provision, University Archives reserves the right to charge Bidder the applicable Buyer's Premium and Consignor a Seller's Commission as determined for each auction venue and by the terms of the seller's agreement.

Acceptance of these Terms and Conditions qualifies Bidder as a client who has consented to be contacted by University Archives in the future. In conformity with "do-not-call" regulations promulgated by the Federal or State regulatory agencies, participation by the Bidder is affirmative consent to being contacted at the phone number shown in his application and this consent shall remain in effect until it is revoked in writing. University Archives may from time to time contact Bidder concerning sale, purchase, and auction opportunities available.

Rules of Construction: University Archives presents properties in a number of collectible fields, and as such, specific venues have promulgated supplemental Terms and Conditions. Nothing herein shall be construed to waive the general Conditions of Sale by these additional rules and shall be construed to give force and effect to the rules in their entirety.

SALES TAX

University Archives is required to charge the appropriate sales tax for items won if you reside in the following states: CT & CA.

SHIPPING

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