Discretion of court upon failure of creditors to attend.

If none of the creditors attend at the time appointed or if, from any other cause, no appointment of such administrator is made, the court may, in its discretion, continue the former executor or administrator or may appoint any fit person, or the general administrator of the county or, should there be none, the sheriff of the county, to administer the estate according to the provisions of this division.

(Code 1852, §1845; Code 1867, §2194; Code 1876, §2566; Code 1886, §2235; Code 1896, §303; Code 1907, §2771; Code 1923, §6010; Code 1940, T. 61, §397.)