may

An auxiliary verb qualifying the meaning of another verb by expressing ability, contingency, liability, possibility or probability. United States v Lexington Mill & Elevator Co. 232 US 399, 58 L Ed 658, 34 S Ct 337. Ordinarily a permissive, rather than a mandatory, term in a statute. Burnett v Graves, 230 F2d 49, 56 ALR2d 1; 50 Am J1st Stat § 28. Permissive rather than mandatory and, appearing in a constitutional provision, not to be construed as "shall," unless from the whole context, it plainly appears to be mandatory. State ex rel. Greaves v Henry, 87 Miss 125, 40 So 152. Discretionary in its grammatical sense, but subject to construction as mandatory where the sense of the entire context impels such construction, 1 Am J2d Admin L § 46, as where used in a statute providing that when the bank commissioner has reasonable cause to consider a bank insolvent, he "may" immediately apply for a receiver. State use of Mills v American Surety Co. 26 Idaho 652, 145 P 1097. Frequently construed as mandatory where relating to the duty of a public officer. 34 Am J1st Mand § 72. A provision in a trust agreement that the trustee "may" use the principal for the beneficiary, has been regarded as mandatory. Re Ward, 186 App Div 261, 174 NYS 182.