Presence

Being in a particular place. Actual presence. Being bodily in the precise spot indicated.

Constructive presence

Being so near to, or iU such relation with, the parties actually in a designated place, as to be considered, in law, as in the place. 3 In the cdmmission of crime, not always an actual immediate standing by, within sight or hearing of the fact; may be a constructive presence, as when one commits a robbery or murder and another keeps watch at a convenient distance.^ See Accessary; Principal, 5. Does not depend upon whether a person can be distinctly seen.^ Obscene words uttered in the hearing of a female, are used in her presence; especially so, when addressed to her by name.^ "In the presence of the testator" who can see, means within his sight, at reasonable proximity^ Statutes of wills do not make the test of the validity of a will to be that the testator must see the witnesses subscribe their names. They must subscribe "in his presence; " but in cases where he has lost or cannot use his sense of sight, if his mind and hearing are not affected, and he is sensible of what is being done, and the witnesses subscribe in the same room, or in such close proximity as to be within the line of vision of one in his position who could see, and within his hearing, they subscribe in his presence.^ Statutory provisions which require that a will be signed in the presence of the testator are intended to enable him to see that the persons, he confides in are those who attest, and to prevent a, false paper being 1 Campbell v. Holt, 115 U. S. 633 (1885), Miller, J.; Angell, Limitations, §§ 1, 2.

See also 51 N. H. 329; 11 Lea, 388; 32 Pa. 398; 38 La. An. 318.

2 [Ray V. Burbank, 61 Ga. 511 (1878), Bleckley. J. s [Baldwin u. Baldwin, 81 Va 410 (1886): Bouvier's Law Diet. 4 4 Bl. Com. 34. e People %). Bartz, 53 Mich. 495 (1884). 6 Brady v. State, 48 Ga. 313 (5873); 1 Keyes, 66. imposed upon them. "Presence "is the opposite of absence; it means in company with, within the view of, in the same room with the testator, coupled with consciousness on his part of such proximity.^ As to the presence of the husband when a wife is acknowledging a deed, see Examination, 5. As to presence in the law of estoppel, see Stand By.