presence, n. 1. The state or fact of being in a particular place and time <his presence at the scene saved two lives>.2. Close physical proximity coupled with awareness <the agent was in the presence of the principal>.

constructive presence. 1. Criminal law. Legal imputation of having been at a crime scene, based on having been close enough to the scene to have aided and abetted the crime’s commission. See CONSPIRACY. 2. Wills & estates. Legal imputation of a witness’s having been in the room when a will was signed, based on the fact that the testator and the witness were able to see each other at the time of the signing. • This principle was commonly employed until the 20th century, when the presence-of-the-testator rule became dominant. See PRESENCE-OF-THE-TESTATOR RULEE.

[Blacks Law 8th]