In the name of God amen: I Stephen Swain of the County aforesaid being of sound mind & memory do make this my last Will & Testament in manner & form as follows- That is to say first ----

Item - I give & bequeath to my well beloved wife Elizabeth Swain two beds & furniture one burow, two trunks one chest, six chairs, two linnin wheels & one wooling wheel, two tables, one musket, one smooth bored gun, one heckle, one hand mill, one coffee mill, one iron pot, one tea kettle, one dutch oven, two skillets, one pare of waffle irons, one big keg, one frying pan, one case and bottles, one pare of flat Irons, one pare of fire dogs one looking glass, one silver pepper caster & one set of silver tea spoons, one side saddle, one stone pitcher, four earthen pitchers, three glass tumblers, one wine glass, one coffee pot, seven bowls, fourteen earthen plates, one set of cups & sauser, three pewter dishes, six pewter plates one tea board & waiter, one decanter, two honey tubs two axes, seven stocks of bees, two cows & calves, four head of dry cattle, & one horse named Bell, and all my weaving harness & cards, and all my wooden ware one Iron wedge one sow & pigs, & five dry hogs two pewter basons, one pot trammel - One case of knives & forks & all my provision on hand to be hers forever --

Item - My will & desire is that the remainder of my estate both real & personal be sold at the discretion of my executors & the money arising therefrom to pay my debts & the remainder if any to be equally divided among my lawful heirs and let it be so understood that the part given to my wife not to be interupted in no wise -

I do here by constitute & appoint my beloved brother William Swain & my friend Henry Alexander my exed. to this my last will & Testament in witness whereof I have hereunto set my hand and seal this 21st day of March 1819

Stephen Swain (seal)

Witness
James (his x mark) Swain
Nancey Alexander

Proved by Franklin F. Sawyer

Minutes
Tyrrell County Court of Pleas & Quarter Sessions

April Session 1819

The last will and testament of Stephen Swain was exhibited & proved in open court by the oath of Nancy Alexander & Franklin Sawyer subscribing witnesses thereto - - no executor qualified.

October Session 1819

Inventory & account of sales of Stephen Swain deceased amounting to $182.20 1/2 cents was returned in open court by the executor proved & filed.

April Session 1821

Ordered that Spencer Walker Mathew Brickhouse Junr. & Enoch Hassell be appointed to audite & settle the estate of Stephen Swain with his administrator & make report to the next term.

An account sale of the surplus estate of Stephen Swain deceased was returned on oath in open court by the executor amount of $36.30 & filed.

July Session 1821

Ordered that Spencer Walker Mathew Brickhouse Junr. & Enoch Hassell be reappointed to audite & settle the estate of Stephen Swain deceased with his executor & make report to the next term.

October Session 1821

Ordered that Mathew Brickhouse Junr. Enoch Hassell & Joshua Swain be reappointed to audite & settle the estate of Stephen Swain deceased & make report to the next term.

October Session 1823

Ordered that Samuel Spruill John Thoroughgood & Ephraim Mann be appointed to audit & settle the estate of Stephen Swain deceased & make report to the next term.

July Session 1824

Ordered that Samuel Spruill, John Thorogood and Ephraim Mann be appointed to audit & settle the estate of Stephen Swain deceased & make report to the next term.

The audited accounts of the estate of Stephen Swain was returned in open court and ordered to be filed.

North Carolina Archives
Loose Estate Papers
Tyrrell County (C.R.096.508.53), Box 53
Swain, Stephen, 1821

Summons issued 15 Jan 1821 for Joseph Swain, John Midyett & William Swain and William Swain as executor to Stephen Swain deceased to appear at court on the first Monday after the fourth Monday in March next to answer unto Lewis Midyett & Samuel Spruill in a plea that they render unto them $119.51 which to them they owe and unjustly detain to their damage fifty pounds.

Summons dated 2 Jul 1821 for Joseph Swain, Benjn. Swain, Isaiah Swain, Rosina Swain, Patsy Brickhouse wife of Richd. Brickhouse, William Swain & to James Wood ad litem to said heirs to appear in court on the first Monday after the fourth Monday in September to show cause, if any, why execution should not proceed against the lands of Stephen Swain deceased to satisfy a judgement obtained by Anson Smith against the estate of Stephen Swain deceased.

Summons dated 31 Dec 1821 to again make known to Benjn. Swain, James Swain & Patsy Brickhouse wife of Richd. that they appear at the next term of court on the first Monday after the fourth Monday in March to show cause, if any, why execution should not proceed against the lands of Stephen Swain deceased to satisfy an execution returned at court in September 1821 in favor of Meirs F. Truitt against the estate of Stephen Swain.

John Midyett who sues in this action as well for the State of North Carolina as himself complains of Matthew Brickhouse and his wife Elizabeth of a plea that they render unto him the sum of fifty pounds of a value of one hundred dollars which the defendants owe and unjustly detain for that Stephen Swain deceased leaving a last will and testament in writing and therein leaving William Swain his executor and leaving personal estate of great value; and whereas said Elizabeth did enter upon and administer of the personal estate that was of the said Stephen Swain the testator before there was any commission of administration or letters testamentary granted of and concerning the said estate she the said Elizabeth not being an executrix named in said will nor having any right so to administer the ersonal estate aforesaid whereby the said defendants become liable to pay the plaintiff the legal penalty of fifty pounds.

Judgement the 4th Monday in July 1825 against the goods and chattels of Stephen Swain deceased in the hands of his executor Wm. Swain, & if no goods and chattels to be found of the deceased, then of the proper goods and chattels, lands and tenements of said Wm. Swain executor as aforesaid for a $193.58 judgement which John Midyett recovered against him for debt and also $8/72 1/2 for damages, costs and charges.

Notice dated 7 Mar 1826 from John Midyett to Matthew Brickhouse & wife Elizabeth that on 18 March next at the house of William Etheridge in Little Alligator he would be taking the deposition of Ozias Roughton in two suits pending against them in which John Midyett is plaintiff and Matthew Brickhouse & wife are defendants.

Deposition by Ozias Roughton on 18 Mar 1826 after notice to Matthew Brickhouse, both parties present. Ozias Roughton states that some time before Stephen Swain's death he gave said Swain a note of hand for thirty dollars. He further says that some time after Stephen Swain's death Mrs. Swain widow of said deceased one of the defendants came to his house and asked if he would give the note payable to her, to which he told her yes, but did not do it. In about three days as well as he recollects, John Alexander Major presented him the same note for payment & make it payable to Mrs. Swain widow of said deceased as he John Alexander said he was owing said Mrs. Swain & wished it to go a payment to her and he did ? it accordingly wherein deponent further sayeth that when John Alexander he asked him said deponent had he as leave give the note payable to Mrs. Swain aforesaid as to him to which he answered yes - - & the said John Alexander wrote two notes from the former note the amount of each one he don't rightly recollect, but the two made thirty dollars. Further the deponent saith not. Amended and agreed to by the parties. Question by the defendant. Do you know whether or not Stephen Swain had said note in his possession at his death? Deponent - I do not. Further this deponent saith not.

Transcriber's Notes:

Tyrrell County marriage bonds show the marriage of Matthew Brickhouse to Elizabeth Swain on 11 Jan 1820, Henry Alexander security; also Richard Brickhouse to Patsey Swain on 2 Apr 1821, Henry Alexander security.

See the court minutes and estate papers relating to Jeremiah Swain in 1805 for further information. It shows that the heirs of Stephen Swain were his siblings.

Return to Tyrrell Co Wills Introduction & Table of Contents

Updated July 18, 2020
Ellen Kroll