Stephen made his last will and testament on March 21, 1819. It was probated during the April Term of Court, 1819. He named his wife Elizabeth, who was to receive part of the estate, but indicated there were other heirs to share in the remainder. His brother, William and friend Henry Alexander, were named as executors. Wit: James Swain, Nancy Alexander and Franklin F. Sawyer. In 1826 there was controversy and dispute over the estate of Stephen Swain and a complaint was made by John Midgett against Matthew Brickhouse and wife. Azias Roughton was called upon to make a deposition in the case.
