Section 23. To whom administration may be granted.

When the deceased has died intestate, administration of his estate may be granted to any person who, according to the rules for the distribution of the estate of an intestate applicable in the case such deceased, would be entitled to the whole or any part of such deceased’s estate. When several such persons apply for administration, it shall be in the discretion of the Court to grant to any one or more of them. When no such person applies, it may be granted to a creditor of the deceased.