CORE RECORDS TO BE RETAINED FOR TENNESSEE 1850-1920

Based on 80% Identification and Linkage
and including Tennessee's current retention schedule

Prepared 1 January 1998 by Shirley Wilson, CG and Irene Griffey, CG

STATE RECORDS

The state of Tennessee, formed in 1796 from lands originally belonging to North Carolina, adopted the laws of that state. The state has been governed by Constitutions of 1796, 1835, 1870, 1953, and constitutional amendments in 1960, 1966, 1972, and 1978. The state is governed by a Governor, a General Assembly and a Judicial Branch. The General Assembly is composed of two separate bodies - a senate and a house of representatives. The Judicial Branch is composed of a Supreme Court and such circuit, chancery and other inferior courts as the legislature establishes. The constitutions provide for three officers: (1) Secretary of State; (2) State Treasurer; (3) State Comptroller. Advancing technologies have required reorganizations of state governmental boards and/or departments in 1923, 1937 and 1939.

It is believed that all extant state records and most county records prior to 1920, based on 80% identification and linkage value, are now preserved and catalogued in the Tennessee State Library & Archives, Nashville, Tennessee. The figure of 80% linkage is a judgment call and any error is probably on the side of including more rather than less records.

AGRICULTURE DEPARTMENT

1. Century Farms Project - histories of farms in same family 100 years - permanent retention.

COMPTROLLER

1. Board of Equalization - property tax assessment - permanent

CONSERVATION

1. Historical Marker Records - permanent
2. Tennessee Historical Commission Records - permanent

CORRECTIONS

1. State Prison Records - Permanent

EXECUTIVE

1. Governor's Papers (including correspondence) - permanent

FEDERAL

1. Workers Progress Administration - permanent
2. U. S. Direct Taxes - permanent
3. State Taxes - permanent

GEOLOGY

1. Land Ownership Maps

HEALTH

1. Central State Hospital Records and Hospital Photos - permanent

JUDICIAL

1. Court Transcripts - permanent

LABOR

1. Worker's Compensation Division - permanent

LAND RECORDS

1. Land Entry Books - permanent
2. Land Warrant Records - permanent
3. Land Survey Records - permanent
4. Land Grants - permanent

LEGISLATURE

1. Legislative Acts of Assembly, Senate Journals & House Journals - permanent
2. Constitutional Convention - permanent
3. Tennessee Code Commission - permanent
4. State Boundaries of Tennessee - permanent
5. Reapportionment District Maps - permanent
6. Legislative Petitions - permanent

LIBRARY & ARCHIVES

1. State Librarian & Archivist Papers - permanent
2. Portrait Collection - permanent

MENTAL HEALTH DEPARTMENT

1. Mental Health Institutional Records - permanent

MILITARY

1. Army of Tennessee Records - permanent
2. Confederate Army Muster Rolls - permanent
3. Confederate Soldier's Homes - permanent
4. Adjutant General's Office Records - permanent
5. Military Personnel Questionnaires - permanent
6. Mexican War Muster Rolls - permanent
7. Union Army Muster Rolls - permanent
8. World War I & Ex-Servicemen's Records - permanent
9. Spanish American War Muster Rolls - permanent
10. National Guard Enlistment Records
11. World War I Gold Star Records

PERSONNEL

1. Personnel Records - permanent

PUBLIC SERVICE COMMISSION

1. Case Files - permanent

PUBLIC WELFARE

1. Records - permanent

SECRETARY OF STATE

1. Military Elections - permanent
2. Military Absentee Ballots - permanent
3. Automobile Registration
4. Election Division Records - permanent
5. Blue Book Publications - permanent

TAXATION

1. State property tax records - permanent

TRANSPORTATION

1. Highway Maps - city, county & state

VITAL RECORDS

1. Divorce Records - permanent
2. Birth and Death Records - permanent
3. Marriage Records - permanent

COUNTY RECORDS

Tennessee law, originally enabling legislation but now mandatory, establishes a County Public Records Commission in each county. This law requires that the County Clerk, the Register of Deeds, a judge of one of the courts, a member of the county legislative body, the County Historian and a recognized genealogist, if there be one in the county, serve on the Commission. The commission is responsible for preserving county records and oversees their destruction. Many counties have established archives under this law where the older records of the county are maintained. Where county books are to be retained, any separate indexes should also be retained, but are not separately listed in this compilation except for grantee/grantor deed indexes.

AGRICULTURAL EXTENSION

1. Maps

ASSESSOR OF PROPERTY

1. Aerial Photographs - retain for one year after replacement by a more current set.
2. Ownership Maps and Index, Rural and Urban - These maps reflect the status of real property as of January 1 of each year. Retain only current and one previous copy of ownership maps and indexes.
3. Real Property Record Cards - for rural, residential, industrial, commercial and exempt property giving information on ownership, building permits, assessment records, use or occupancy, construction age, land description, etc. Permanent along with state's on-line data base system.

CHANCERY COURT

1. Civil Actions, Record of - all original process, pleadings, chancellor's opinions and orders in each civil case - permanent
2. Chancellor's Opinions - statements by the chancellor of the decision reached in the cause heard - permanent
3. Enrollment Books - copies of original process incident to civil cases including answers, pleas, depositions - obsolete by permanent
4. Summonses and/or Warrants - permanent
5. Appearance and Rule Dockets, Child Support Dockets, Delinquent Tax Dockets, Distribution Dockets (funds belonging to estates) - permanent
6. Child Support Dockets - permanent
7. Retired Cases Dockets - Record of cases disposed of or retired by the court, showing case number, etc. - permanent
8. Minute books - permanent
9. Naturalization Records

CIRCUIT, CRIMINAL AND GENERAL SESSIONS COURT

Records to be retained are similar in nature to those for the Clerk and Master. Additional records include:

1. Indictments or Presentments by Grand Jury - permanent
2. General Sessions Docket, Criminal (state)
3. General Sessions Docket, Civil

COUNTY CLERK

1. Brands and Cattle Marks, Register of - permanent
2. County Legislative Body (Quarterly Court) Minutes - permanent
3. Inheritance Tax Books - shows names of estate and appraiser, date issued, names of legatees, etc. - permanent
4. Marriage Applications, Notices, and Affidavits - shows names, ages and address of contracting parties, names and address of female's parents, etc. - retain 10 years, then destroy.
5. Marriage Bonds and Oaths showing parties, bondsmen, dates and oath of age - permanent
6. Marriage, Record of - showing date and place, names of contracting parties, color, age, birthplace, residence, occupation of groom, etc. - permanent
7. Military Service, Register of - for World War I - permanent
8. Power of Attorney, Records of - permanent
9. Probate Deed Books - record of deeds probated -
10. Tax Lists - of captains' companies and civil districts showing names of property owner, number of slaves owned, value of slaves, personal property owned, value of property, district number or name - permanent
11. Voters, Registers of (Reconstruction Period) - register of persons qualified to vote under a Reconstruction measure of 1865 which disenfranchised all but unconditional unionists, showing oath taken, list of qualified votes and whether they voted - permanent

COUNTY TRUSTEE

1. Delinquent Poll Tax Books - Record of poll tax assessments that have become delinquent - obsolete - destroy
2. Pickup Tax Books - record of taxes levied and collected by Trustee after Assessor failed to make an assessment, error being caught by the Trustee. Record shows name of property owner, civil district number, amount of assessment and type, date paid - permanent.
3. Poll Tax Books - poll tax assessments against persons who own no property - obsolete - destroy.
4. Road Overseer Settlement Books - records of settlements with overseers of county roads showing civil district number, number of road, amount, purpose, name of overseer and date of payment - obsolete - permanent
5. Supplemental Tax Books - showing name of property owner, location and description of property, assessed valuation, total amount paid - permanent
6. Tax Books (Tax Lists) - Record of taxable property by civil district providing similar information as in Supplemental Tax Books.

DEPARTMENT OF EDUCATION

1. Census Records - retain 5 years, then destroy. Shows name, age, address, district #, names of parents, grade and name of school. If created prior to 1950, they should be considered for historical retention.
2. Cumulative Pupil Record, provides similar information to census plus test results, health record, etc. - permanent record.
3. High School Diploma and Roster of Graduates - permanent.
4. School Registers - daily record with information similar to Cumulative Pupil Record - permanent.

OTHER COURT RECORDS (these records have been transferred from County Clerk to the Clerk and Master or Circuit Court Clerk in most counties).

1. Adoption Records - permanent
2. Bastardy Proceedings - permanent
3. Bastardy Cases and Changes of Names, Record of - permanent
4. Insanity Proceedings, Record of - permanent
5. Land Records of Partitioning - original papers relative to suits for the sale of property - permanent.
6. Name and Birth Dates Corrected, Records of - Preserve file permanently if court order is not recorded. If recorded, retain 10 years and destroy.

PROBATE COURT (jurisdiction of probate records has been transferred from County Court to the Clerk Master in Chancery Court in most counties).

1. Abstracts of Conveyances - records of real estate transfers in probate court showing amount of sale, date of transaction, names of parties and dates - permanent.
2. Administrators' and/or Executors' Bonds and/or Guardians' Bonds - original bonds - permanent.
3. Administrators' and/or Executors' and/or Guardian's Bonds and Letters Record of - bound original and/or recorded copies of bonds and letters of administration - permanent.
4. Administrators' Files (wills may be annexed) and/or Executors Files and/or Guardian Files - include miscellaneous documents relating to estate or guardianship - permanent.
5. Administrators' and/or Executors' and/or Guardian Rule Dockets - permanent.
6. Administrators' and/or Executors' Settlements, Record of - permanent.
7. Estate Receipts of Executors, Administrators and Clerk - includes affidavits of heirs who have come of age, amount of settlement and signatures of heirs - may be loose files or bound volumes - permanent.
8. Estate Inventories and/or Sales, Account of - permanent.
9. Estate Settlement and/or Guardian Settlements - permanent.
10. Homestead, Dower and Dissent Records - original papers - permanent.
11. Insolvent Estates Proceedings, Record of - permanent.
12. Land Sales, Record of - sales authorized by the court at the instance of heirs showing style of case, dates of sale, name of purchaser, and distribution of funds received from sale, etc. - permanent.
13. Probate Court Minutes - minutes of proceedings relating to probate - permanent.
14. Realty Transfer Record - Probate Court - record of real estate transfers with metes and bounds description - permanent.
15. Receipt Books (may be called "Distribution of Estates" Books) - receipts for money paid out in the settlement of estate - permanent.
16. Rule Dockets - record of suits for sales of land, partitioning of estates, habeas corpus proceedings - permanent.
17. Widows' and Orphans' Provisions, Record of - permanent.
18. Wills - original wills - permanent, preserve originals even after microfilming.
19. Wills, Record of - recorded copies of wills - permanent.
20. Administrator and Guardian notifications (appointments) Record of - permanent.
21. Ward Receipts - show testimony of ward and receipt for all demands against the guardian when ward has become 21 years old - permanent.

REGISTER OF DEEDS

1. Bills of sale - record of items sold giving names of parties, description of item and terms of sale - permanent.
2. Deeds, Record of - recorded copies of conveyances of real property showing grantor and grantee, date of instrument, location and description of property, consideration, terms of payments, etc. - permanent.
3. Deed Indexes, Direct and Indirect - permanent.
4. Deeds of Trust (mortgages) - deeds conveying title to real estate to secure performance of contract with power to sell in case of default, showing information similar to deeds - permanent.
5. Deeds of Trust Indexes - permanent.
6. Farm Names, Register of - permanent.
7. Land Entries - application for public land - permanent.
8. Land Grants - conveyances of real property from public to private ownership - permanent.
9. Land Sold for Taxes, Record of - permanent.
10. Leases - permanent.
11. Maps - permanent.
12. Military Discharges, Record of, information includes, name of veteran, date, place and reason for discharge, birth, age, occupation, physical description, etc. - permanent.

REGISTRAR OF VOTERS

1. Voter Registration Cards - giving name, birth date and place, former residence, occupation, etc.

SHERIFF

1. Arrest Records (and case files) - includes name and address, alias, date and time of offense, date and place of birth, age, description, place of arrest, charge, etc. record may be destroyed upon verification of death or its reasonable assumption (100 years after birth of subject).
2. Case Files - copies of all pertinent records - same retention.
3. Complaint Records - same retention.
4. Fingerprinting Records - same retention.
5. Identification Files - includes fingerprints, photographs, measurements, descriptions, outline pictures, etc. - same retention.
6. Prisoner Registers (Jail Register) - record of all prisoners committed to the county jail showing name, offense, record of process, pertinent dates; may also show age, sex, complexion, hair and eye color - permanent.
   
   

PRIVATE RECORDS

Some private records are listed below in very general terms. This category of records is endless and there is no way to exercise any control over the preservation of such records.

1. Funeral home records
2. Genealogical collections in all formats by amateurs and professionals as well as those collections already donated to public and private libraries and depositories.
3. Bible records
4. Employment records
5. Church records